Creed v. Gilman
Massachusetts Supreme Judicial Court
Trustee process. Writ dated July 9,1895. The principal defendants were James E. Gilman and Frederick N. Cheney; and Hamilton Mayo, as executor of the will of Asula P. Goddard, was named as trustee. Judgment by default was entered against Cheney, and on July 10,1895, Mayo indorsed his acceptance of service on the writ, and filed an answer.
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Trustee process. Writ dated July 9,1895. The principal defendants were James E. Gilman and Frederick N. Cheney; and Hamilton Mayo, as executor of the will of Asula P. Goddard, was named as trustee. Judgment by default was entered against Cheney, and on July 10,1895, Mayo indorsed his acceptance of service on the writ, and filed an answer. Cheney’s assignee of “ any and all balances of my [Cheney’s] distributive share of and in the estate of the late Asula P. Goddard ” appeared as claimant. At the trial, before Q-asMll, J., the plaintiff asked the ruling that the indorsement of service upon…
1Opinion of the CourtMorton, J.
We think that, as against the claimant, the acceptance of service by the trustee did not create a lien on the funds in his hands in favor of the plaintiff. An attachment valid as against third persons can be made only in the manner provided by law. It does not arise in such a case by consent of parties. The issuing of a writ does not create it. Something more is necessary. And that, we think, is the arresting of the debt in the hands of the trustee, which is effected by a service of the writ on him by a duly authorized officer. Nelson v. San*563born, 64 N. H. 310. Edler v. Hasche, 67 Wis. 653.…
2Cases cited9 opinions
- Gates v. TustenSupreme Court of Missouri · 1886
- Edler v. HascheWisconsin Supreme Court · 1887
- Whitney v. LehmerIndiana Supreme Court · 1866
- Epstein v. SalorgneMissouri Court of Appeals · 1878
- Carter, Rice & Co. v. KoshlandOregon Supreme Court · 1885
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3Cited by3 opinions
- Zani v. Phandor Co.Massachusetts Supreme Judicial Court · 1932
- Hubbard v. LamburnMassachusetts Supreme Judicial Court · 1905
- Worcester Wine & Liquor Co. v. Hitleman Goldenrod Brewery Inc.Massachusetts District Court, Appellate Division · 1936