Butler v. Poole
U.S. Circuit Court for the District of Massachusetts
At Law. On motion to quash the writ of scire facías.
1Opinion of the CourtColt, J.
This is an action at law, brought by the receiver of the Pacific National Bank against Seth B. Poole, to recover an assessment on certain shares of stock owned by him at the time of the failure of the bank. The writ is dated March 14, 1888. On the 9th day of February, 1884, the defendant Poole died, and on November 16, 1886, his death was suggested of record. January 28, 1887, the plaintiff’s counsel filed a petition for a scire facias to summon in the executors of defendant’s will, which was granted and issued without notice. Counsel for the executors now appear specially, and move to quash…
2Cases cited6 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Amy v. DubuqueSupreme Court of the United States · 1879
- Mitchell v. ClarkSupreme Court of the United States · 1884
- President of the Bank of Alabama v. DaltonSupreme Court of the United States · 1850
- Barker v. LaddUnited States Circuit Court · 1874
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3Cited by4 opinions
- De Weese v. SmithU.S. Circuit Court for the District of Western Missouri · 1899
- Green v. BarrettDistrict Court, D. Massachusetts · 1903
- Wing v. McCallumCourt of Appeals for the First Circuit · 1923
- McDonald v. ThompsonCourt of Appeals for the Eighth Circuit · 1900