Hawkins v. Graham
Massachusetts Supreme Judicial Court
Appeal from the taxation of costs in a trustee process. The record showed the following facts : The action was returnable at September term 1878 of the Superior Court.
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Appeal from the taxation of costs in a trustee process. The record showed the following facts : The action was returnable at September term 1878 of the Superior Court. At that term, Henry Matthews, summoned as trustee, answered that, at the time of the service of the writ upon him, he had not in his hands, possession or control any goods, effects or credits of the defendant; and that two other writs of other plaintiffs, returnable at the same term as the present writ, had been served upon him as alleged trustee; and prayed to be discharged, and for his costs. The trustee after-wards, at the…
1Opinion of the CourtGray, C. J.
The trustee having filed answers at the first term, upon the face of which he appeared to be entitled to his discharge, and the plaintiffs having taken no step to avoid the effect thereof by further interrogatories or allegations, the trustee had no occasion to attend, and was not entitled to costs, at subsequent terms, while the case was still pending upon the docket and had not been disposed of as between the principal parties, no final judgment having been entered on the default of the defendant. Wasson v. Bowman, 117 Mass. 91. Washburn v. Clark-son, 123 Mass. 319.
The trustee was not…
2Cases cited3 opinions
- Briggs v. City of TauntonMassachusetts Supreme Judicial Court · 1872
- Wasson v. BowmanMassachusetts Supreme Judicial Court · 1875
- Washburn v. ClarksonMassachusetts Supreme Judicial Court · 1877
3Cited by1 opinion
- Carroll v. DalyMassachusetts Supreme Judicial Court · 1894