Thompson v. King
Massachusetts Supreme Judicial Court
Scire facias against a trustee for an alleged wrongful refusal to deliver to the plaintiff certain goods in his possession as such trustee. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows.
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Scire facias against a trustee for an alleged wrongful refusal to deliver to the plaintiff certain goods in his possession as such trustee. Trial in the Superior Court, without a jury, before Blodgett, J., who allowed a bill of exceptions, in substance as follows. The original suit in which the defendant was summoned as trustee was brought in the Municipal Court of the city of Boston, the writ being dated November 6, and returnable November 17, 1894. On November 19, 1894, the trustee’s answer was filed, stating that he held seven hundred and seventy-eight- cases said to contain grape food,…
1Opinion of the CourtKnowlton, J.
This is a suit on seire facias brought against a person summoned as trustee. In such a case the trustee may answer and prove any matter that may be necessary and proper for his defence, notwithstanding' that he was charged in the action on which he was originally summoned. Pub. Sts. c. 183, § 53. Fay v. Sears, 111 Mass. 154. Varian v. New England Accident Association, 156 Mass. 1. If he has previously answered, the court may allow him to file a new and additional answer at any stage of the case. Collins v. Smith, 12 Gray, 431, 434.
The plaintiff contends that, under the Pub. Sts. c. 183, § 70,…
2Cases cited5 opinions
- Fay v. SearsMassachusetts Supreme Judicial Court · 1872
- Dennie v. WilliamsMassachusetts Supreme Judicial Court · 1883
- Bailey v. JoyMassachusetts Supreme Judicial Court · 1882
- Varian v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Vitrified Wheel & Emery Co. v. EdwardsMassachusetts Supreme Judicial Court · 1883
3Cited by16 opinions
- Alcorn v. DennisSupreme Court of Oklahoma · 1909
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
- Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
- Shores Co. v. Iowa Chemical Co.Supreme Court of Iowa · 1936
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