Reynolds v. Missouri, Kansas & Texas Railway Co.

This case has been reported by a judge of the ■Superior Court * for determination as to the correctness of his rulings made subsequent to discharging ten corporations named in the writ as trustees of the principal debtor.

1. No contention is made that the trustees were not discharged rightly. Return of service upon a person simply "as agent” of a party is insufficient. Kimball v. Sweet, 168 Mass. 105. Lowrie v. Castle, 198 Mass. 82, 87.

2. The plaintiff appealed from the decree discharging the trustees and awarding costs and attorneys’ fees in their favor against the plaintiff. One question is,…