Sharp v. Clark
Massachusetts Supreme Judicial Court
Theodore Hinsdale, a deputy sheriff of this county, had in his hands an execution, in favor of the defendants Clark AL, against M. &f J. Wells, for 310 dollars 73 cents. While holding this execution, and before serving it, he was summoned in this action as the trustee of Clark 8f AL After being so summoned, he levied the debt of M. J. Wells, and paid it over to the attorney of the de fendants, taking an obligation to save him harmless.
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Theodore Hinsdale, a deputy sheriff of this county, had in his hands an execution, in favor of the defendants Clark AL, against M. &f J. Wells, for 310 dollars 73 cents. While holding this execution, and before serving it, he was summoned in this action as the trustee of Clark 8f AL After being so summoned, he levied the debt of M. J. Wells, and paid it over to the attorney of the de fendants, taking an obligation to save him harmless. And the question before the Court was whether, upon these facts, which were disclosed in his answer to the usual interrogatory, he should be adjudged the…
1Opinion of the Court
* Sewall, J.
I think that Hinsdale, who is summoned [ * 92 J as one of the trustees of the defendants in this action, had no goods, effects, or credits, of the defendants in his hanpls, at the time of the service of this process upon him. He had no property in the execution. The creditors in that execution, the present defendants, could at any time have discharged their debtors by releasing the debt, and thus have rendered the execution of no efficacy. We have gone so far under this statute as to support an attachment of a present debt payable at a future day, but here there is not even that…
2Cases cited4 opinions
- Prescott v. ParkerMassachusetts Supreme Judicial Court · 1808
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Kidd v. ShepherdMassachusetts Supreme Judicial Court · 1808
- Foster v. JonesMassachusetts Supreme Judicial Court · 1818
3Cited by14 opinions
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Stratton v. PeopleSupreme Court of Colorado · 1880
- Gager v. WatsonSupreme Court of Connecticut · 1836
- Hill v. La Crosse & Milwaukee RailroadWisconsin Supreme Court · 1861
- Orange Hardware Co. v. RyanMassachusetts Supreme Judicial Court · 1930
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