Massachusetts National Bank v. Bullock
Massachusetts Supreme Judicial Court
Trustee process. The case was submitted to Ames, J., and by him reported to the full court, upon an agreed statement of facts, signed by the counsel of the plaintiff and of the claimant only, in which it was agreed that the trustees should be charged or discharged upon their answer, according to the opinion of the court upon the following facts: Samuel B. Rindge and Hales W. Suter, summoned as trustees, were parties of the second part to an indenture executed March 3,1873,…
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Trustee process. The case was submitted to Ames, J., and by him reported to the full court, upon an agreed statement of facts, signed by the counsel of the plaintiff and of the claimant only, in which it was agreed that the trustees should be charged or discharged upon their answer, according to the opinion of the court upon the following facts: Samuel B. Rindge and Hales W. Suter, summoned as trustees, were parties of the second part to an indenture executed March 3,1873, whereby the firm of Sandford, Soule & Co., parties of the first part, conveyed their property to said Rindge and Suter,…
1Opinion of the Court
By the Court.
A case stated in an action at law cannot be heard or reserved by a single justice of this court, but is within .the exclusive jurisdiction of the full court. The provision of the Rev. Sts. c. 81, § 13, reenacted in the Gen. Sts. c. 112, § 5, has not been modified in this respect, as it has in regard to demurrers at law and to all proceedings in equity. Sts. 1852, c. 312, § 23 ; 1859, c. 237, § 1. Gen. Sts. c. 129, § 64 ; c. 113, § 6. Tufts v. Newton, 119 Mass. 476.
The report might be treated as merely superfluous, and the case heard upon the statement of facts agreed, but for the…
2Cases cited3 opinions
- Gifford v. RockettMassachusetts Supreme Judicial Court · 1875
- Hoyt v. SwiftSupreme Court of Vermont · 1841
- Tufts v. NewtonMassachusetts Supreme Judicial Court · 1876
3Cited by13 opinions
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- S. S. Pierce Co. v. FiskeMassachusetts Supreme Judicial Court · 1921
- Moors v. GoddardMassachusetts Supreme Judicial Court · 1888
- Nims v. FordMassachusetts Supreme Judicial Court · 1893
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