Mortland v. Bernard Little & Trustee
Massachusetts Supreme Judicial Court
Trustee process. The Emigrant Savings Bank was summoned as trustee. In the Superior Court, the trustee was charged, and appealed to this court. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
Judgment not having been entered, it was within the discretionary power of the Superior Court to order the case to be brought forward upon the docket, and to vacate the entry discharging the trustee, for the reasons set forth in the motion; namely, that the case was left off the docket for nonpayment of the clerk’s fees, that the trustee was subsequently discharged as of a previous term, without notice to the plaintiff or his attorney of any motion for such discharge, and that they had no knowledge of the discharge until long afterwards. Lucy v. Dowling, 114 Mass. 92. Marshall v. Merritt, 103…
2Cases cited7 opinions
- Randall v. WayMassachusetts Supreme Judicial Court · 1873
- First National Bank of Clinton v. BrightMassachusetts Supreme Judicial Court · 1879
- Blanchard v. FerdinandMassachusetts Supreme Judicial Court · 1882
- Mason v. PearsonMassachusetts Supreme Judicial Court · 1875
- Nutter v. Framingham & Lowell RailroadMassachusetts Supreme Judicial Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- Shawmut Commercial Paper Co. v. CramMassachusetts Supreme Judicial Court · 1912
- Marvel v. BabbittMassachusetts Supreme Judicial Court · 1887
- Hubbard v. LamburnMassachusetts Supreme Judicial Court · 1905
- Seward v. ArmsMassachusetts Supreme Judicial Court · 1887
8 more not listed; retrieve them via the Exa API.