Bickford v. Boston & Lowell Railroad
Massachusetts Supreme Judicial Court
Scire facias, dated in 1834. The declaration recites, that in the Court of Common Pleas holden for the county of Middlesex, in 1833, the plaintiff recovered against John Chandler, the sum-of $159-95 damages, and $19-95 costs ; that judgment was thereof rendered, and an execution was issued or those sums against the goods, effects and credits of Chandler in the hands and possession of the Boston and Lowell Railroad Corporation, trustees of Chandler, as appears of record ;…
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Scire facias, dated in 1834. The declaration recites, that in the Court of Common Pleas holden for the county of Middlesex, in 1833, the plaintiff recovered against John Chandler, the sum-of $159-95 damages, and $19-95 costs ; that judgment was thereof rendered, and an execution was issued or those sums against the goods, effects and credits of Chandler in the hands and possession of the Boston and Lowell Railroad Corporation, trustees of Chandler, as appears of record ; that the officer being directed, according to the tenor of the execution, to satisfy those sums from the goods, effects and…
1Opinion of the Court
Wilde J.
afterward delivered the opinion of the Court. The only material objection to the declaration appears to be, that there is no averment that the defendants were adjudged trustees in the original process. If such an adjudication is required by the true construction of the statute of 1794, c. 65, which was in force when this suit was commenced, undoubtedly the objection is well maintained, for the declaration contains no direct averment to that effect, and it does not appear, except argumentatively, that any such adjudication has been made. But it is the opinion of the Court, that such an…
2Cases cited3 opinions
- Cleveland v. ClapMassachusetts Supreme Judicial Court · 1809
- Sebor v. ArmstrongMassachusetts Supreme Judicial Court · 1808
- Dyer v. StevensMassachusetts Supreme Judicial Court · 1810