Jones v. Benjamin

The action is contract, begun by trustee process, to recover $2,000 on a count for money had and received with a count on an account annexed. See Massachusetts Mutual Life Ins. Co. v. Green, 185 Mass. 306.

The plaintiff having obtained a verdict, the defendant before final judgment moved, under G. L. c. 230, § 7, to dismiss the action for lack of jurisdiction. The statute, in so far as material, reads as follows: “The real and personal property of a deceased person shall not be attached on mesne process, in an action, upon a debt due from, or upon a claim against, the deceased, except upon the…