Legal Opinion

Brooks v. Cook

Massachusetts Supreme Judicial Court

Decided October 15, 1811PublishedCited by 28 opinions

The question in this case was, whether Barrett was by law liable to be adjudged the trustee of the defendant. Concerning which question the facts were, that Barrett had, at the time of the service of the writ upon him, no goods, effects, or credits of Cook in his possession, excepting as he, Barrett, was administrator of the goods and estate of Peter Barrett, deceased; that, previous to the death of the said Peter, the defendant Cook had commenced a suit against him, to…

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The question in this case was, whether Barrett was by law liable to be adjudged the trustee of the defendant. Concerning which question the facts were, that Barrett had, at the time of the service of the writ upon him, no goods, effects, or credits of Cook in his possession, excepting as he, Barrett, was administrator of the goods and estate of Peter Barrett, deceased; that, previous to the death of the said Peter, the defendant Cook had commenced a suit against him, to recover the value of certain hides, which suit was pending at the time of the trustee’s answer ; and that the estate of the…

1Per curiam

No person deriving his authority from the law, and obliged to e°xecute it according to the rules of law, can be holden by process of this kind. We have determined this in the case of public officers, and the reason of those decisions applies with equal force to the case of an administrator. Let the trustee be discharged.

2Cited by28 opinions

  1. Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
  2. Travelers Insurance v. MaguireMassachusetts Supreme Judicial Court · 1914
  3. Pace v. SmithTexas Supreme Court · 1882
  4. Pruitt v. ArmstrongSupreme Court of Alabama · 1876
  5. Hudson v. Saginaw Circuit JudgeMichigan Supreme Court · 1897

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