Claflin v. Lowe
Massachusetts Supreme Judicial Court
Bill in EQUITY, filed July 25, 1890, by the members of the firm of H. B. Claffin and Company, of New York, to set aside a decree of the Court of Insolvency for Worcester, granting a discharge of the defendant. The case was heard by Holmes, J., and, at the request of the plaintiffs, reported for the consideration of the full court, in substance as follows.
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Bill in EQUITY, filed July 25, 1890, by the members of the firm of H. B. Claffin and Company, of New York, to set aside a decree of the Court of Insolvency for Worcester, granting a discharge of the defendant. The case was heard by Holmes, J., and, at the request of the plaintiffs, reported for the consideration of the full court, in substance as follows. It was agreed that, before the filing of the bill, the defendant had removed from Worcester to Ohio, and was residing there when, the bill was brought. The service was by publication only, and he appeared specially, and objected to the…
1Opinion of the CourtKnowlton, J.
The court has jurisdiction to entertain this bill on a publication of the order requiring the defendant to appear and answer in accordance with our 5th chancery rule. The suit is brought under the Pub. Sts. c. 157, § 15, which gives this court supervisory jurisdiction of proceedings in the Court of Insolvency, and it is in the nature of an appeal from that court. The pendency of proceedings in that court, and the appearance of the debtor there, give jurisdiction to make all proper orders and decrees, notwithstanding that the debtor departs from the Commonwealth so that service upon him can…
2Cited by2 opinions
- Moors v. LadenburgMassachusetts Supreme Judicial Court · 1901
- Jordan v. PalmerMassachusetts Supreme Judicial Court · 1896