Wheeler v. Goulding
Massachusetts Supreme Judicial Court
Action by the treasurer of the city of Worcester, on the St. of 1843, c. 98, § 3, to recover of Goulding (who was alleged to have fraudulently transferred certain shares in the Providence and Worcester Railroad Corporation for the purpose of avoiding taxation) half of the par value of said shares, one moiety to the use of the city, and the other moiety “ for the use of the person or persons furnishing the necessary evidence in the case.”
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Action by the treasurer of the city of Worcester, on the St. of 1843, c. 98, § 3, to recover of Goulding (who was alleged to have fraudulently transferred certain shares in the Providence and Worcester Railroad Corporation for the purpose of avoiding taxation) half of the par value of said shares, one moiety to the use of the city, and the other moiety “ for the use of the person or persons furnishing the necessary evidence in the case.” After the defendant had answered, denying the allegations of the declaration, Welcome Farnum presented a petition to the court, in which he represented “…
1Opinion of the CourtShaw, C. J.
This action is quite distinguishable from a qui tarn. That is a well established remedy, known to and regu lated by the common law, as a mode of securing the execution of penal laws, where it is expressly given by statute, and has its own rules. But it can be used only in cases where it is expressly given. Colburn v. Swett, 1 Met. 232.
Even in a strictly technical qui tain action, we suppose the suit, that particular suit, is under the direction and control of the plaintiff who brings it, and he may abandon or discontinue it; but it is with this qualification, that if discontinued or…
2Cases cited1 opinion
- Lynn v. BradleyCourt of Appeals of Kentucky · 1858
3Cited by1 opinion
- People ex rel. Wegner v. Hartford Life InsuranceAppellate Court of Illinois · 1914