Whiting v. Houghton
Massachusetts Supreme Judicial Court
Complaint for costs, filed in the Superior Court on January 27, 1917, by a person summoned as trustee of Lillian A. Daly by Edward R. Houghton, executor, who sued out a writ dated November 29, 1916, which he wholly neglected to enter.
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Complaint for costs, filed in the Superior Court on January 27, 1917, by a person summoned as trustee of Lillian A. Daly by Edward R. Houghton, executor, who sued out a writ dated November 29, 1916, which he wholly neglected to enter. The case was heard by Wait, J., who found that the averments contained in the complaint were true, but ordered that the complaint be dismissed on the ground that the court as matter of law had no power to award costs to one named as trustee in a writ not entered. The complainant alleged exceptions.
1Opinion of the CourtPierce, J.
This is a complaint for costs by Edward C. Whiting duly summoned as trustee of Lillian A. Daly, named as defendant in a writ sued out by Edward R. Houghton and returnable on the first Monday of January, 1917. The writ was duly returned to court but the plaintiff neglected to enter it. The trustee did not appear and answer. The present complaint was filed before the next return day, and, after hearing, was dismissed by a judge of the Superior Court.
It is settled by Duffee v. Call, 123 Mass. 318, and Dudley v. Keith, 153 Mass. 104, that a person duly summoned as trustee *430of the principal…
2Cases cited5 opinions
- Ilsley v. StubbsMassachusetts Supreme Judicial Court · 1809
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
- Dudley v. KeithMassachusetts Supreme Judicial Court · 1891
- Cleveland v. ClapMassachusetts Supreme Judicial Court · 1809
- Duffee v. CallMassachusetts Supreme Judicial Court · 1877
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