Stockbridge v. Mixer
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on December 9, 1909, and amended on January 26, 1911, by an attorney at law under R. L. c. 159, § 3, cl. 7, to reach and apply, to the payment of a debt for professional services alleged to be due to the plaintiff from the two first named defendants, the interest of those defendants in certain property which could not be attached or taken on execution in an action at law.
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Bill in equity, filed in the Superior Court on December 9, 1909, and amended on January 26, 1911, by an attorney at law under R. L. c. 159, § 3, cl. 7, to reach and apply, to the payment of a debt for professional services alleged to be due to the plaintiff from the two first named defendants, the interest of those defendants in certain property which could not be attached or taken on execution in an action at law. The dates of filing of the answers to the amended bill, of the plaintiff’s replication and of the motion of the two first named defendants that they might be allowed a trial by…
1Opinion of the CourtRugg, C. J.
This is a suit in equity under R. L. c. 159, § 3, cl. 7. The plaintiff alleges a debt due to him from two of the defendants for services rendered, which has not been reduced to a judgment. He seeks to reach and apply in payment of this debt an interest owing to the principal defendants from the third defendant, which cannot be attached or seized in an action at law.
The first question is whether the defendant debtors are entitled as matter of right to a trial by jury. The nature and history of the relief afforded by clause 7 is set out at length in Pettibone v. Toledo, Cincinnati, & St. Louis…
2Cases cited18 opinions
- Parker v. SimpsonMassachusetts Supreme Judicial Court · 1902
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Snyder v. SmithMassachusetts Supreme Judicial Court · 1904
- Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
- Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
13 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Nei v. BurleyMassachusetts Supreme Judicial Court · 1983
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Lorando v. GethroMassachusetts Supreme Judicial Court · 1917
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
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