Fairweather v. McKim
Massachusetts Supreme Judicial Court
Petition, by a creditor of William Bassett, for a writ of prohibition against both the judge and register of probate and insolvency to restrain them from further proceedings relating to a proposal for composition under St. 1884, c. 236. The respondents demurred. Hearing before Allen, J., who treated the petition as brought under Pub.
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Petition, by a creditor of William Bassett, for a writ of prohibition against both the judge and register of probate and insolvency to restrain them from further proceedings relating to a proposal for composition under St. 1884, c. 236. The respondents demurred. Hearing before Allen, J., who treated the petition as brought under Pub. Sts. c. 157, § 15, entered a decree remitting the matter to the court of insolvency for a hearing upon the petition, the restraining order to stand until after such hearing; and reported the case for the consideration of the full court.
1Opinion of the Court
Field, 0. J.
If the petition in this case is to be considered as a petition for the common law writ of prohibition, we think it should be dismissed. The court of insolvency undoubtedly has jurisdiction over the petition in insolvency of William Bassett. The complaint is that the judge of that court is proceeding irregularly under that petition in confirming the proposal made by Bassett for a composition with his creditors. Any error in the proceedings cannot be corrected by a writ of prohibition. The proper process is by a bill or petition under Pub. Sts. c. 157, § 15. Jaquith v. Fuller, 167…
2Cases cited1 opinion
- Jaquith v. FullerMassachusetts Supreme Judicial Court · 1896
3Cited by2 opinions
- Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Kilty v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1903