Ryan v. Lyon
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on March 15, 1911, and amended on May 23, 1911, under R. L. c. 141, § 10, against the executrix of the will of William H. Lyon.
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Bill in equity, filed in the Supreme Judicial Court on March 15, 1911, and amended on May 23, 1911, under R. L. c. 141, § 10, against the executrix of the will of William H. Lyon. The amended bill alleged that William H. Lyon, the defendant’s testator, was appointed and confirmed as a constable of the city of Boston to hold office for one year from May 1, 1908, and after-wards gave bond as constable, which bond was approved on June 5, 1908, on which bond the American Surety Company of New York was surety; that on September 19, 1908, Lyon as constable made an attachment of personal property…
1Opinion of the CourtBraley, J.
The demurrer was rightly overruled. By R. L. c. 141, §' 10, a creditor whose claim has not been prosecuted within two years after an executor or administrator has published notice of his appointment under § 9, may have relief in equity for the amount against the estate, if found not chargeable with culpable neglect in failing to enforce it before the statutory bar had been established. Ewing v. King, 169 Mass. 97. Powow River National Bank v. Abbott, 179 Mass. 336. McMahon v. Miller, 192 Mass. 241.
It is averred in the bill of complaint that the defendant’s testator, a constable qualified to…
2Cases cited14 opinions
- Aiken v. MorseMassachusetts Supreme Judicial Court · 1870
- Bowers v. HammondMassachusetts Supreme Judicial Court · 1885
- Ewing v. KingMassachusetts Supreme Judicial Court · 1897
- City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1886
- Powow River National Bank v. AbbottMassachusetts Supreme Judicial Court · 1901
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3Cited by5 opinions
- Fourth National Bank v. MeadMassachusetts Supreme Judicial Court · 1913
- Leach v. LeachMassachusetts Supreme Judicial Court · 1921
- Segal v. SwitzerMassachusetts Supreme Judicial Court · 1940
- Farrington v. MillerMassachusetts Supreme Judicial Court · 1917
- Johnson v. ClabburnMassachusetts Supreme Judicial Court · 1924