Baxter v. Moses
Supreme Judicial Court of Maine
On appeal and' exceptions. ' Bill in equity to collect certain bonds issued by the Androscoggin Railroad Company and certain judgments against that company. The presiding justice sustained a demurrer to the bill, and ordered that the bill be dismissed with costs ; to this order and ruling the complainant appealed and alleged exception. [Bill.] " State of Maine. Cumberland, ss.
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On appeal and' exceptions. ' Bill in equity to collect certain bonds issued by the Androscoggin Railroad Company and certain judgments against that company. The presiding justice sustained a demurrer to the bill, and ordered that the bill be dismissed with costs ; to this order and ruling the complainant appealed and alleged exception. [Bill.] " State of Maine. Cumberland, ss. William H. Baxter, of Deering, in the county of Cumberland, aforesaid, complains against: Oliver Moses, Galen C. Moses, John H. Kimball, Charles Russell and James D. Robinson, of Bath, in the county of Sagadahoc, and…
1Opinion of the CourtPeters, C. J.
This is a creditors’ bill to collect certain debts, principally judgments, which are due from the Androscoggin railroad company; and is before us on demurrer.
It is not claimed that the bill is maintainable under part 10, § 6 of ch. 77 of the R. S. That provides a remedy for a single creditor, by an attachment in equity of some specific property, without asking for a discovery under the "bill. Chapman v. Publishers' Co. 128 Mass. 478; Insurance Co. v. Abbott, 127 Mass. 558; Donnell v. Railroad, 73 Maine, 567. This is a materially different bill, but one common to the practice of courts of…
2Cases cited13 opinions
- Jones v. GreenSupreme Court of the United States · 1864
- Carrol v. GreenSupreme Court of the United States · 1876
- Adsit v. . ButlerNew York Court of Appeals · 1882
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
- Taylor v. BowkerSupreme Court of the United States · 1884
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3Cited by11 opinions
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