Legal Opinion

Varian v. New England Mutual Accident Ass'n

Massachusetts Supreme Judicial Court

Decided February 25, 1892PublishedCited by 6 opinions

Scire facias on a judgment of the Superior Court against the defendant, as trustee of James W. Newcomb. The Superior Court ordered judgment for the defendant; and the plaintiff appealed to this court.

1Opinion of the CourtField, C. J.

We infer that the defendant in this suit, the alleged trustee in the original suit, answered in the original suit that “ it had not in its hands or possession any goods, effects, or credits of the said defendant”; that it was subsequently defaulted because it did not answer the interrogatories filed by the plaintiff; that judgment was entered and execution awarded; that subsequently, after due demand upon it, this writ of scire facias was brought, to which it filed an answer on September 30, 1887 ; that on March 28, 1888, it was defaulted, and on April 2 judgment was entered for the…

2Cases cited5 opinions

  1. Fay v. SearsMassachusetts Supreme Judicial Court · 1872
  2. Dudley v. KeithMassachusetts Supreme Judicial Court · 1891
  3. Lusk v. Anderson's AdministratorCourt of Appeals of Kentucky · 1858
  4. Saunders v. RobinsonMassachusetts Supreme Judicial Court · 1887
  5. Tryton v. MerrillMassachusetts Supreme Judicial Court · 1874

3Cited by6 opinions

  1. Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
  2. Thompson v. KingMassachusetts Supreme Judicial Court · 1899
  3. MacAusland v. FullerMassachusetts Supreme Judicial Court · 1918
  4. Brady v. LichterMassachusetts Supreme Judicial Court · 1951
  5. Stillings v. YoungMassachusetts Supreme Judicial Court · 1894

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