Tuck v. Manning
Massachusetts Supreme Judicial Court
The first ease was a bill in equity, filed January 24, 1887, by Somerville P. Tuck against Jerome F. Manning and John Noble, to reach and apply in payment of a debt due from Manning to Tuck the interest of Manning in certain funds paid by the plaintiffs in the second and third cases to Mr. Noble as clerk of this court, and still held by him, and the second and third cases were bills in equity pending in this court, in each of which petitions were filed by Tuck, on February…
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The first ease was a bill in equity, filed January 24, 1887, by Somerville P. Tuck against Jerome F. Manning and John Noble, to reach and apply in payment of a debt due from Manning to Tuck the interest of Manning in certain funds paid by the plaintiffs in the second and third cases to Mr. Noble as clerk of this court, and still held by him, and the second and third cases were bills in equity pending in this court, in each of which petitions were filed by Tuck, on February 1, 1887, for the same relief. The cases were heard together by Devens, J., and reserved for the consideration of the full…
1Opinion of the CourtField, J.
The custody which Mr. Noble has of the moneys is the custody of the court, and he must obey the orders of the court made in the suits respectively in which the moneys have been deposited, and unless it is authorized by statute he cannot be made a party to independent proceedings, either in this court or in any other, whereby the disposition to be made of the moneys can be affected or controlled. Columbian Book Co. v. De Golyer, 115 Mass. 67. Jones v. Jones, 1 Bland, 443. Wilder v. Bailey, 3 Mass. 289. Drake on Attachment, (6th ed.) § 251.
The grounds on which Commonwealth v. Hide & Leather…
2Cases cited3 opinions
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Columbian Book Co. v. De GolyerMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. Hide & Leather InsuranceMassachusetts Supreme Judicial Court · 1875
3Cited by18 opinions
- Hoshor-Platt Co. v. MillerMassachusetts Supreme Judicial Court · 1906
- Travelers Insurance v. MaguireMassachusetts Supreme Judicial Court · 1914
- Hill v. HillMassachusetts Supreme Judicial Court · 1907
- Gregory v. Merchants' National BankMassachusetts Supreme Judicial Court · 1898
- Chase v. ThompsonMassachusetts Supreme Judicial Court · 1891
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