Woodward v. Spurr
Massachusetts Supreme Judicial Court
Appeal from a decision of the Court of Insolvency, expunging the appellant’s claim from the list of debts proved and allowed at the first meeting of the creditors of the firm of W. L. Gifford and Company. Trial in the Superior Court, without a jury, before Brigham,, C. J., who allowed a bill of exceptions, in substance as follows: The insolvent firm was composed of W. L. Gifford and Willard F. Woodward.
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Appeal from a decision of the Court of Insolvency, expunging the appellant’s claim from the list of debts proved and allowed at the first meeting of the creditors of the firm of W. L. Gifford and Company. Trial in the Superior Court, without a jury, before Brigham,, C. J., who allowed a bill of exceptions, in substance as follows: The insolvent firm was composed of W. L. Gifford and Willard F. Woodward. The claim in question, which was for a sum of money lent in 1882 to Woodward by the appellant, who was his wife, from her own earnings, and used in the partnership business, had been allowed…
1Opinion of the CourtMorton, C. J.
The assignees now contend that the Superior Court has no jurisdiction of this case, because no appeal lies to that court from an order of the judge of insolvency expunging or refusing to expunge the proof of a claim. Pub. Sts. c. 157, §§ 35, 36. This objection does not appear to have been taken in the Superior Court; but, if it is sustained, it shows that the Superior Court had no jurisdiction of the subject matter, *593and that all its proceedings were coram non judice and void, and is therefore fatal to the appellant’s case.
The statute provides for a hearing by the judge of insolvency upon all…
2Cited by5 opinions
- Woodward v. SpurrMassachusetts Supreme Judicial Court · 1886
- Wright v. DresselMassachusetts Supreme Judicial Court · 1885
- Chadwick v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1898
- Spurr v. DeanMassachusetts Supreme Judicial Court · 1885
- Van Ingen v. BealMassachusetts Supreme Judicial Court · 1896