Wilder v. Bailey
Massachusetts Supreme Judicial Court
The question in this action arose from the answer of the trustee, and from an agreement on record, from both which it appeared that Darling was a deputy sheriff, and had collected a sum of money on an execution issued upon a judgment, in which Bailey, the principal defendant, was the creditor, and Caleb Wilder was the debtor Darling-held this money at the time of the service of this process upon him, the said execution being returnable at a period posterior to the said…
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The question in this action arose from the answer of the trustee, and from an agreement on record, from both which it appeared that Darling was a deputy sheriff, and had collected a sum of money on an execution issued upon a judgment, in which Bailey, the principal defendant, was the creditor, and Caleb Wilder was the debtor Darling-held this money at the time of the service of this process upon him, the said execution being returnable at a period posterior to the said service. The question for the determination of the Court was, whether Darling, upon these facts, was liable to a foreign…
1Opinion of the CourtParker, J.
Actions similar to this are frequently instituted at the instigation of judgment debtors for the purposes of revenge or delay; and there has been a prevailing opinion at the bar that such actions may be supported. This opinion arose from the very general and comprehensive words of the statute, by which all the goods, effects and credits of the debtor are made subject to this species of attachment, in whose hands or possession soever they may be found. Notwithstanding these expressions, it was decided that an aggregate corporation is not liable to this process, because they are not capable of…
2Cases cited6 opinions
- Brooks v. CookMassachusetts Supreme Judicial Court · 1811
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
- Barnes v. TreatMassachusetts Supreme Judicial Court · 1811
- Sharp v. ClarkMassachusetts Supreme Judicial Court · 1806
- Pollard v. RossMassachusetts Supreme Judicial Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Dahms v. SearsOregon Supreme Court · 1885
- Dunlop v. . Patterson Fire Insurance Co.New York Court of Appeals · 1878
- Allin v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1890
- Travelers Insurance v. MaguireMassachusetts Supreme Judicial Court · 1914
21 more not listed; retrieve them via the Exa API.