Adams v. Blodgett
U.S. Circuit Court for the District of Massachusetts
At law. This was an action of assumpsit ' [by Franklin Adams and others] against [Jo- ' seph F.] Blodgett, the principal, for $945.75, ; money had and on an account annexed. The i principal was defaulted. One of the defend- . ants, summoned in as a trustee, viz., F. Wells, denied having any goods or credits of ! Blodgett in his hands, and was discharged. ¡ The other, O. Libby, disclosed the following general facts in his answer to the interrogatories put by the plaintiff.
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At law. This was an action of assumpsit ' [by Franklin Adams and others] against [Jo- ' seph F.] Blodgett, the principal, for $945.75, ; money had and on an account annexed. The i principal was defaulted. One of the defend- . ants, summoned in as a trustee, viz., F. Wells, denied having any goods or credits of ! Blodgett in his hands, and was discharged. ¡ The other, O. Libby, disclosed the following general facts in his answer to the interrogatories put by the plaintiff. Joseph F. Blodg-ett, the principal, failed in business, in the latter part of March, 1846, and a meeting of a large…
1Opinion of the Court
WOODBURY, Circuit Justice.
The proceeding in this case, so far as regards Libby, the garnishee, is an equitable one. The form of the process is not a capias against the body, or an attachment of his property; but is a mere subpoena as in chancery to appear and answer. The plea, when appearing, is not one as at common law, but an answer to interrogatories, and usually verified by his *87oath only, and liis liability is not put to tlie jury except in peculiar eases, but tried by the court. If charged, also, it is on principles rather of equity than law, as it is on the ground that he holds…
2Cases cited6 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Widgery v. HaskellMassachusetts Supreme Judicial Court · 1809
- New England Marine Insurance v. ChandlerMassachusetts Supreme Judicial Court · 1820
1 more not listed; retrieve them via the Exa API.