Fulton Pulley Co. v. Bates MacHine Co.
Supreme Court of New Hampshire
Motions, by the trustee in bankruptcy of the defendants,- to bring forward the cases and vacate the judgments and levies therein. The defendants’ real estate was attached in these actions August 3, 1898. These actions were entered at the following September term, and the defendants appeared and made answer denying the validity of the claims sued.
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Motions, by the trustee in bankruptcy of the defendants,- to bring forward the cases and vacate the judgments and levies therein. The defendants’ real estate was attached in these actions August 3, 1898. These actions were entered at the following September term, and the defendants appeared and made answer denying the validity of the claims sued. At the May term, 1899, counsel for the defendants withdrew, the actions were defaulted, and in October, 1899, judgments were entered for the plaintiffs. Within thirty days thereafter levies were begun upon the attached property, and the land was set…
1Opinion of the CourtWalker, J.
The claim of the trustee, that the plaintiffs’ judgments should be vacated and that he should be allowed an opportunity to contest the plaintiffs’ claims in the several suits, because the defendants had a good and valid defence to the actions which was not in fact adjudicated, was a proper subject for investigation in the superior court; but it presents no question of law for determination in this court. Warner Bank v. Clement, 58 N. H. 533; Clough v. Moore, 63 N. H. 111; Reed v. Prescott, 70 N. H. 88. Upon that claim no evidence was presented; and the sole contention of the trustee…
2Cases cited3 opinions
- Clough v. FowlerSupreme Court of New Hampshire · 1884
- Reed v. PrescottSupreme Court of New Hampshire · 1899
- Warner Bank v. Clement & Co.Supreme Court of New Hampshire · 1879
3Cited by2 opinions
- Raymond v. GoodrichSupreme Court of New Hampshire · 1921
- Melvin v. MelvinSupreme Court of New Hampshire · 1904