Taylor v. Lovering
Massachusetts Supreme Judicial Court
Writ of error, filed December 6,1897, to reverse a judgment of the Superior Court rendered in an action of contract by the defendant in error against the plaintiff in error.
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Writ of error, filed December 6,1897, to reverse a judgment of the Superior Court rendered in an action of contract by the defendant in error against the plaintiff in error. At the hearing, it appeared that the writ in the original action was dated July 15,1897, and was returnable on the first Monday of September, 1897; that on July 16 and on July 19, 1897, certain property of the defendant Taylor was attached; that no service of the writ was made upon him, and that the writ was entered in the Superior Court without service upon him; that after the entry of the writ a certain order of notice,…
1Opinion of the CourtField, C. J.
In Hicks v. Chapman, 10 Allen, 463, 464, it is said of the office of guardian: “ It is created by statute, and is in some respects unlike the office of guardian as it has existed by the common law in England. Guardians are not, like executors, administrators, or trustees, invested with a legal title to the property which is placed under their care; but they have a naked power, not coupled with an interest. The debts of the ward remain his, so that, though he has no power to pay them, yet he, and not the guardians, must be sued upon them. Brown v. Chase, 4 Mass. 436. If they defend actions…
2Cases cited9 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Forster v. FullerMassachusetts Supreme Judicial Court · 1809
- Lombard v. MorseMassachusetts Supreme Judicial Court · 1891
- Emery v. ParrottMassachusetts Supreme Judicial Court · 1871
- White v. PalmerMassachusetts Supreme Judicial Court · 1808
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State ex rel. Happel v. District CourtMontana Supreme Court · 1909
- Buckingham v. AldenMassachusetts Supreme Judicial Court · 1944
- Waitt v. HarveyMassachusetts Supreme Judicial Court · 1942
- Cohn v. CohnMassachusetts Supreme Judicial Court · 1941
- King v. StowellMassachusetts Supreme Judicial Court · 1912
15 more not listed; retrieve them via the Exa API.