Brown v. Webber
Massachusetts Supreme Judicial Court
The plaintiff in this case sued out a trustee writ in common form, returnable to the court of common pleas for this county, commanding the officer to attach the goods or estate of John Webber, of Gloucester, in the county of Essex, in his individual capacity, and also what he might have in his possession as administrator of the estate of the late Anna Somes, of Gloucester, to the value of five thousand dollars; and to summon the said John Webber “to answer unto Charles…
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The plaintiff in this case sued out a trustee writ in common form, returnable to the court of common pleas for this county, commanding the officer to attach the goods or estate of John Webber, of Gloucester, in the county of Essex, in his individual capacity, and also what he might have in his possession as administrator of the estate of the late Anna Somes, of Gloucester, to the value of five thousand dollars; and to summon the said John Webber “to answer unto Charles Brown, of said Boston, administrator of the estate of Joseph Meads, [ate of Boston, in a plea of the case, for that the said…
1Opinion of the CourtShaw, C. J.
This is a motion in arrest of judgment on several grounds stated. One is, that the suit was not rightly brought in this county; and the argument is, that if the court have not jurisdiction, it may be taken advantage of in any stage of the cause, and that if in any form it is brought to the notice of the court, they will stay all further proceedings.
The present case is this; it is in form a trustee process, in which a novel attempt is made to charge the same individual person, as trustee, in his capacity as administrator, for himself and his own debt, as principal defendant. The plaintiff is…
2Cases cited8 opinions
- Buckles v. LambertCourt of Appeals of Kentucky · 1863
- Sullivan v. HolkerMassachusetts Supreme Judicial Court · 1819
- Jacobs v. MellenMassachusetts Supreme Judicial Court · 1817
- Robinson v. MeadMassachusetts Supreme Judicial Court · 1811
- Rider v. RobbinsMassachusetts Supreme Judicial Court · 1816
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lake v. BenderNevada Supreme Court · 1884
- State v. Foot YouOregon Supreme Court · 1893
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Chase v. City of LowellMassachusetts Supreme Judicial Court · 1890
- Southworth v. EdmandsMassachusetts Supreme Judicial Court · 1890
13 more not listed; retrieve them via the Exa API.