Butler v. Butler
Massachusetts Supreme Judicial Court
Contract, upon a judgment of the Superior Court, begun by trustee process. Writ dated January 29, 1894. The Franklin Savings Bank, summoned as trustee, answered that, at the time of service upon it, there was in its hands the sum of $133.33, which was subject to the order of the defendant “ upon the fulfilment of certain conditions ”; and this answer was sworn to.
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Contract, upon a judgment of the Superior Court, begun by trustee process. Writ dated January 29, 1894. The Franklin Savings Bank, summoned as trustee, answered that, at the time of service upon it, there was in its hands the sum of $133.33, which was subject to the order of the defendant “ upon the fulfilment of certain conditions ”; and this answer was sworn to. The trustee afterwards, by leave of court, filed an additional answer, alleging that the trustee lent the defendant a certain sum of money upon a promissory note secured by a mortgage of real estate in Boston, of which the plaintiff…
1Opinion of the CourtAllen, J.
1. We find no question of law in the bill of exceptions presented by the defendant. The defendant contends, in a general way, that so far as appears by the record the Superior Court was not entirely just towards him. We see no reason to think so. The defendant filed a general appearance, and a motion for leave to defend the action on the judgment as of the original suit. He afterwards sought to withdraw his general appearance, but this the court declined to allow. The court also overruled the motion. These were both matters within the discretion of the court. The latter is expressly made so…
2Cases cited4 opinions
- Moors v. GoddardMassachusetts Supreme Judicial Court · 1888
- Kellogg v. WaiteMassachusetts Supreme Judicial Court · 1868
- Clark v. GardnerMassachusetts Supreme Judicial Court · 1877
- Wasson v. BowmanMassachusetts Supreme Judicial Court · 1875
3Cited by5 opinions
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Harvey v. Fiduciary Trust Co.Massachusetts Supreme Judicial Court · 1938
- Hubbard v. LamburnMassachusetts Supreme Judicial Court · 1905
- Hubbard v. LamburnMassachusetts Supreme Judicial Court · 1907
- Herman v. Pilgrim Trust Co.Massachusetts District Court, Appellate Division · 1941