Thomas v. Leach
Massachusetts Supreme Judicial Court
This was an action of debt on a bond given by the defendants to the judge of probate, conditioned for the faithful administration of the estate of Ebenezer Leach, deceased, of which the defendant, Asa Leach, was administrator. The writ was endorsed thus: “ This action is brought by Jonathan Ames, of Bridgewater, to recover the sum of 172 dollars 17 cents, reported to be due him by commissioners of insolvency, duly appointed by the judge of probate, on
1Opinion of the Court
At a former term, the parties had, by a rule of Court, submitted this action to referees, who now reported that the plaintiff, in his said capacity, recover of the defendants 18 dollars 53 cents for the benefit of Jonathan Ames, which shall be in full of all demands against said Asa Leach, as administrator on the estate of Ebenezer Leach. And they further awarded that the plaintiff should pay costs.
*Upon the report being read, the Court ordered the [ * 153 ] rule to be discharged, as having been entered into by parties who were by law not competent thereto; and the Court further observed,…
2Cases cited2 opinions
- Commonwealth v. HatchMassachusetts Supreme Judicial Court · 1809
- Paine v. BallMassachusetts Supreme Judicial Court · 1807
3Cited by2 opinions
- Commonwealth v. HatchMassachusetts Supreme Judicial Court · 1809
- Stickney v. StickneySuperior Court of New Hampshire · 1850