Legal Opinion

Hyde Park Savings Bank v. Davankoskas

Massachusetts Supreme Judicial Court

Decided November 6, 1937PublishedCited by 33 opinions

1Opinion of the CourtLummus, J.

The findings of the judge show the following facts. The defendant Davankoskas, on October 9, 1935, brought a bill under G. L. (Ter. Ed.) c. 214, § 3 (7), to reach and apply, in payment of a debt due from one Budris, property alleged to be in the possession of the plaintiff bank. On October 10, 1935, a subpoena was served upon the plaintiff bank, but the assistant treasurer, mistaking the process for the copy of a writ in trustee process at law (G. L. [Ter. Ed.] c. 246, § 5), filed it away. If it had been a copy of a writ in trustee process, there would have been little risk in failing to…

2Cases cited33 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Johnson v. WatersSupreme Court of the United States · 1884
  3. Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
  4. Russell v. FoleyMassachusetts Supreme Judicial Court · 1932
  5. Kravetz v. LipofskyMassachusetts Supreme Judicial Court · 1936

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3Cited by33 opinions

  1. Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
  2. Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
  3. Whalen v. Worcester Electric Light Co.Massachusetts Supreme Judicial Court · 1940
  4. Lewis v. National Shawmut BankMassachusetts Supreme Judicial Court · 1939
  5. City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1941

28 more not listed; retrieve them via the Exa API.

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