Legal Opinion

Wilcox v. Mills

Massachusetts Supreme Judicial Court

Decided March 15, 1808PublishedCited by 7 opinions

This was a scire facias against Mills, an inhabitant of Worthington, in the county of Hampshire, who had been summoned in a previous process of foreign attachment as the trustee of a debtor of the plaintiff, Wilcox. The former process, as well as the present scire facias, were brought in the county of Worcester, Mills being the only person summoned as trustee.

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This was a scire facias against Mills, an inhabitant of Worthington, in the county of Hampshire, who had been summoned in a previous process of foreign attachment as the trustee of a debtor of the plaintiff, Wilcox. The former process, as well as the present scire facias, were brought in the county of Worcester, Mills being the only person summoned as trustee. The object of the present suit was to obtain execution against the estate and body of Mills, to satisfy the judgment which the plaintiff had recovered against the goods and effects, of the original debtor in the hands of Mills. To this…

1Opinion of the Court

The cause stood continued nisi for the opinion of the Court, which was delivered at this term by

Parsons, C. J.

Wilcox having sued out a writ against his debtor returnable in the county of Worcester, and by the writ having attached the effects of his debtor in the hands of Mills, an inhabitant of another county, he being the only trustee summoned, the plaintiff recovered judgment * for his debt, arid had [ * 220 ] execution awarded against the effects of his debtor in the hands of Mills. The execution being returned unsatisfied, Wilcox sues this scire facias against Mills, to have execution…

2Cited by7 opinions

  1. Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1916
  2. Brown v. WebberMassachusetts Supreme Judicial Court · 1850
  3. MacAusland v. FullerMassachusetts Supreme Judicial Court · 1918
  4. Proprietors of the Kennebec Purchase v. DavisSupreme Judicial Court of Maine · 1821
  5. Murphy v. MerrillMassachusetts Supreme Judicial Court · 1853

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