MacAusland v. Fuller
Massachusetts Supreme Judicial Court
Writ of scire facias dated May 20, 1915, brought by a physician against Samuel A. Fuller, the alleged trustee of goods, effects or credit of Edric R. Taylor, against whom the plaintiff obtained a judgment in an action for compensation for professional services reported (in its relation to the trustee) in 220 Mass. 265. In that action the trustee was defaulted for his failure to comply with an order of the court as to further answers to certain interrogatories, and it was…
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Writ of scire facias dated May 20, 1915, brought by a physician against Samuel A. Fuller, the alleged trustee of goods, effects or credit of Edric R. Taylor, against whom the plaintiff obtained a judgment in an action for compensation for professional services reported (in its relation to the trustee) in 220 Mass. 265. In that action the trustee was defaulted for his failure to comply with an order of the court as to further answers to certain interrogatories, and it was ordered that judgment be entered for the plaintiff. In the decision of this court, referred to above, which was made on…
1Opinion of the CourtRugg, C. J.
This is a scire facias to determine the amount which shall be paid by the trustee in an action begun by trustee process against one Taylor, the principal defendant. R. L. c. 189, §§ 45-49. The claim for trial by jury rightly was waived. There is no provision for such a trial in this proceeding.
*319The action by trustee process and the writ of scire facias to' determine the amount to be paid by the trustee “are part of one continued and connected course of proceedings.” Universal Optical Corp. v. Globe Optical Co. 228 Mass. 84, 85. At an earlier stage of this proceeding the plaintiff recovered…
2Cases cited16 opinions
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Fay v. SearsMassachusetts Supreme Judicial Court · 1872
- Jarvis v. MitchellMassachusetts Supreme Judicial Court · 1868
- Shawmut Commercial Paper Co. v. CramMassachusetts Supreme Judicial Court · 1912
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3Cited by15 opinions
- Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
- Hyde Park Savings Bank v. DavankoskasMassachusetts Supreme Judicial Court · 1937
- Barringer v. NorthridgeMassachusetts Supreme Judicial Court · 1929
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Robinson v. Lyndonville Creamery Ass'nMassachusetts Supreme Judicial Court · 1933
10 more not listed; retrieve them via the Exa API.