Dyer v. Stevens
Massachusetts Supreme Judicial Court
In a suit by the plaintiffs against Haley, the principal debtor, and the defendant Stevens, as his trustee, the plaintiffs had recovered judgment against the principal, and had also obtained an award of execution against his effects in the hands of his trustee.
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In a suit by the plaintiffs against Haley, the principal debtor, and the defendant Stevens, as his trustee, the plaintiffs had recovered judgment against the principal, and had also obtained an award of execution against his effects in the hands of his trustee. The execution issued, and was returned unsatisfied, the sheriff returning that he could not find any of the effects of the principal in the hands of Stevens, who refused to disclose and expose sufficient effects to be taken, to satisfy the execution. Upon this judgment, execution, and return, this scire facias was brought, to have…
1Opinion of the Court
The Court adjudged the replication good ; observing that, if the allegation in the bar was immaterial, then the demurrer could not prevail, and if material, then the issue tendered by the plaintiffs ought to have been joined; so that in either view the plaintiffs must have judgment.
2Cited by4 opinions
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