Manning v. Osgood
Massachusetts Supreme Judicial Court
Contract. The writ, which was dated August 5, 1887, commanded the sheriff “to attach the goods aud estate of George C. Osgood, administrator estate of Josiah Webber deceased,” and to summon him to answer to the plaintiff in an action of contract.
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Contract. The writ, which was dated August 5, 1887, commanded the sheriff “to attach the goods aud estate of George C. Osgood, administrator estate of Josiah Webber deceased,” and to summon him to answer to the plaintiff in an action of contract. The declaration was entitled “ Jerome F. Manning vs. Geoi’ge C. Osgood, administrator of the estate of Josiah Webber deceased,” and averred that the defendant owed the plaintiff eight hundred dollars “ for work, labor, and services performed by the plaintiff for the defendant, and at his request, and for expenses incurred and paid according to the…
1Opinion of the CourtW. Allen, J.
The writ on its face is a writ of summons and attachment against the defendant personally. The order is not *150to attach the goods and estate of the intestate in the hands of the defendant as administrator, but to attach the goods and estate of George G. Osgood, administrator. Unless there is something to control the apparent meaning of the words, this cannot be taken as a writ against the estate of the intestate, which would authorize the taking of it on attachment. The defendant is described by the addition of administrator, but the writ does not in terms order the attachment of his goods as…
2Cases cited1 opinion
- Yarrington v. RobinsonMassachusetts Supreme Judicial Court · 1886
3Cited by5 opinions
- Eaton v. WalkerMassachusetts Supreme Judicial Court · 1923
- Tupper v. HancockMassachusetts Supreme Judicial Court · 1946
- Fessenden v. GunsenhiserMassachusetts Supreme Judicial Court · 1932
- Coldwell v. New England Trust Co.Massachusetts Supreme Judicial Court · 1933
- Scottie Industries, Inc. v. DonohoeMassachusetts Appeals Court · 1973