Fuller v. Storer
Massachusetts Supreme Judicial Court
Petition for a writ of review. At the hearing in this court, before Colt, J., it appeared that in an action brought by Storer against one Clogston in the Police Court of Lowell, the Massachusetts Cotton Mills were summoned as trustees; that the petitioner was an adverse claimant of the funds in the hands of the trustees, was admitted a party to the suit, so far as respected her title to" the goods, effects or credits in question, and was adjudged to have maintained her…
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Petition for a writ of review. At the hearing in this court, before Colt, J., it appeared that in an action brought by Storer against one Clogston in the Police Court of Lowell, the Massachusetts Cotton Mills were summoned as trustees; that the petitioner was an adverse claimant of the funds in the hands of the trustees, was admitted a party to the suit, so far as respected her title to" the goods, effects or credits in question, and was adjudged to have maintained her claim; and that from this judgment Storer appealed to the Superior Court. The judge found that the petitioner, without fault…
1Opinion of the CourtGbay, J.
By the existing statutes, any person, claiming, by assignment or otherwise, goods, effects or credits in the hands of one summoned as trustee in foreign attachment, is entitled to be made a party to the suit, in the court in which the case is pending, either by his voluntary appearance or on notice issued to him by the court, whether the facts on which his claim depends are or are not disclosed in the trustee’s answer, and even after the trustee has been charged thereon and scire facias sued out against him. Gen. Sts. c. 142, §§ 15, 16. Ammidown v. Wheelock, 8 Pick. 470. Dennis v. Twitchell,…
2Cases cited7 opinions
- Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858
- Champion v. BrooksMassachusetts Supreme Judicial Court · 1812
- Perry v. GoodwinMassachusetts Supreme Judicial Court · 1810
- Richards v. StephensonMassachusetts Supreme Judicial Court · 1868
- Hart v. JohnsonMassachusetts Supreme Judicial Court · 1811
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3Cited by13 opinions
- Lynn Gas & Electric Co. v. Creditors National Clearing HouseMassachusetts Supreme Judicial Court · 1920
- Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
- Winch v. HosmerMassachusetts Supreme Judicial Court · 1877
- Gifford v. RockettMassachusetts Supreme Judicial Court · 1875
- Silverstein v. Daniel Russell Boiler Works, Inc.Massachusetts Supreme Judicial Court · 1929
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