Tryton v. Merrill
Massachusetts Supreme Judicial Court
Scire eacias on a judgment against one Chamberlin and the defendant as trustee. At the trial in the Superior Court, before Dewey, J., the defendant contended upon his answers that he was not liable aa trustee. The judge ordered a verdict for the defendant, and reported the questions of law for the determination of this court.
1Opinion of the CourtGray, C. J.
No allegation of facts not stated or denied by the trustee having been filed, his answers to the scire facias, like the answers of a trustee in the original suit, were to be considered as true, the questions arising thereon were to be decided by the court, and there was no issue which could lawfully be submitted to a jury. Gen. Sts. c. 142, §§ 11, 12, 42. Thompson v. Lowell Machine Shop, 4 Cush. 431. Winsted Bank v. Adams, 97 Mass. 110. Cardany v. New England Furniture Co. 107 Mass. 116. Fay v. Sears, 111 Mass. 154.
There was therefore nothing in the case which could be brought to this court…
2Cases cited5 opinions
- Bearce v. BowkerMassachusetts Supreme Judicial Court · 1874
- Fay v. SearsMassachusetts Supreme Judicial Court · 1872
- Cardany v. New England Furniture Co.Massachusetts Supreme Judicial Court · 1871
- Winsted Bank v. AdamsMassachusetts Supreme Judicial Court · 1867
- Hubner v. HoffmanMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- MacAusland v. FullerMassachusetts Supreme Judicial Court · 1918
- Varian v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Guptill v. AyerMassachusetts Supreme Judicial Court · 1889