Hubbard v. Lamburn
Massachusetts Supreme Judicial Court
Contract on a judgment against Henry G. Lamburn, Daniel Iliffe being summoned as trustee. Writ in the Police Court of Somerville dated August 11,1903. Henry G. Lamburn and Arthur Lamburn, copartners, appeared as claimants under R. L. c. 189, § 32, alleging that under a contract in writing between the trustee and the firm of H. G. Lamburn and Company they were entitled to the goods, effects and credits in the hands of the trustee.
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Contract on a judgment against Henry G. Lamburn, Daniel Iliffe being summoned as trustee. Writ in the Police Court of Somerville dated August 11,1903. Henry G. Lamburn and Arthur Lamburn, copartners, appeared as claimants under R. L. c. 189, § 32, alleging that under a contract in writing between the trustee and the firm of H. G. Lamburn and Company they were entitled to the goods, effects and credits in the hands of the trustee. In the police court the defendant was defaulted, and the court after a hearing charged the trustee in the sum of $92.45, disallowed the claimants’ claim, and found…
1Opinion of the CourtBraley, J.
At the adoption of our State constitution the form of legal procedure known as the trustee process had been established by the Prov. St. of 1758-59 (32 Geo. II.) c. 10, and was in common use. Jarvis v. Mitchell, 99 Mass. 530, 531.
The St. of 1794, c. 65, was a revision of this statute and of the subsequent St. of 1788, c. 16, § 4. After providing the form of writ, full provisions were made for the summoning, appearance and answer of the trustee, and his examination upon written interrogatories, as well as for subsequent proceedings that might be required to make the remedy effective.
A practice…
2Cases cited18 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
- Jarvis v. MitchellMassachusetts Supreme Judicial Court · 1868
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3Cited by12 opinions
- Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
- Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
- Shanahan v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Meteor Products Co. v. Société d'Electro-Chemie et d'Electro-MétallurgieMassachusetts Supreme Judicial Court · 1928
- Leffler v. ToddMassachusetts Supreme Judicial Court · 1944
7 more not listed; retrieve them via the Exa API.