Forist v. Bellows
Supreme Court of New Hampshire
Fobeign Attachment. Issue, between the plaintiff and the trustee, tried by the jury. The plaintiff claimed to charge the trustee in the sum of §250 for labor of the defendant, and §6,000, the proceeds of land sold by the trustee, belonging to the defendant, or in which he had an interest to that amount, which the plaintiff claimed the trustee held in trust for the defendant and in fraud of the defendant’s creditors.
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Fobeign Attachment. Issue, between the plaintiff and the trustee, tried by the jury. The plaintiff claimed to charge the trustee in the sum of §250 for labor of the defendant, and §6,000, the proceeds of land sold by the trustee, belonging to the defendant, or in which he had an interest to that amount, which the plaintiff claimed the trustee held in trust for the defendant and in fraud of the defendant’s creditors. The plaintiff offered evidence in support of these claims, and the trustee then put in evidence the record in a bill in equity, in which there was a decree in his favor against…
1Opinion of the CourtStanley, J.
The decree in the equity suit dismissing the bill was ordered April term, 1876. It was unconditional. There was no limitation of its effect. Whether the justice then presiding had authority, after he was out of office, to sign the decree, we do not decide, since whatever decree was extended upon the record must correspond with the order then made; nor need we consider whether the court, at the April term, 1877, had the power, after notice, to allow the entry, or the decree made in pursuance of it, to be amended ; for in this case the amendment was made without notice to the party whose rights…
2Cases cited7 opinions
- Christmas v. RussellSupreme Court of the United States · 1866
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- Candee v. . LordNew York Court of Appeals · 1849
- Maine Fire & Marine Insurance v. WeeksMassachusetts Supreme Judicial Court · 1811
- Granger v. ClarkSupreme Judicial Court of Maine · 1842
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3Cited by6 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Carter v. Webster & Winnipiseogee Paper Co.Supreme Court of New Hampshire · 1888
- National Revere Bank v. Bay State Shoe Fastening Co.Supreme Court of New Hampshire · 1892
- Webster & Atlas National Bank v. George A. Fuller Sons Co.Supreme Court of New Hampshire · 1931
- White v. Fernald-Woodward Co.Supreme Court of New Hampshire · 1910
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