Ex Parte Packard
Massachusetts Supreme Judicial Court
The said Packard sets forth in his petition that he is a partner, with one Gowen, in a commercial house in the Havana; that said Gowen, in the year 1812, received a sum of money from one Butters, for which he gave an accountable receipt of the said firm ; that afterwards, in the same year, he, the said Packard, was summoned as the trustee of said Butters by T. Kidder f Al.; and that judgment has been rendered against him on a scire facias for 1630 dollars 50 cents debt and…
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The said Packard sets forth in his petition that he is a partner, with one Gowen, in a commercial house in the Havana; that said Gowen, in the year 1812, received a sum of money from one Butters, for which he gave an accountable receipt of the said firm ; that afterwards, in the same year, he, the said Packard, was summoned as the trustee of said Butters by T. Kidder f Al.; and that judgment has been rendered against him on a scire facias for 1630 dollars 50 cents debt and 15 dollars 20 cents costs; upon which judgment execution hath issued. The petitioner further states that, since the…
1Opinion of the Court
Per Curiam,.
We do not recollect an instance of a review granted at the instance of a trustee. But the words of the statute are very comprehensive, and leave us no doubt of our authority in the case. Let the petitioner take his review; but, under the circumstances of this case, he must first pay to the plaintiffs in the original suit the costs of that suit, and also of the scire facias.
ADDITIONAL NOTE.
[A writ of review lies for one who has been charged as trustee, either by accident or mistake, in the Court of Common Pleas.—Brigham, vs. Elliot, 12 Pick. 172.
See Emerson vs. Paine, 9 Verm. 271 —…
2Cases cited1 opinion
- Emerson v. PaineSupreme Court of Vermont · 1837
3Cited by3 opinions
- Fuller v. StorerMassachusetts Supreme Judicial Court · 1873
- New England Mutual Accident Ass'n v. VarianMassachusetts Supreme Judicial Court · 1890
- Bowditch Mutual Fire Insurance v. WinslowMassachusetts Supreme Judicial Court · 1855