Dailey v. Coleman
Massachusetts Supreme Judicial Court
Scire facias upon a judgment recovered by the plaintiffs against the defendant in a trustee process, in which he was summoned as trustee of Francis Hye.
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Scire facias upon a judgment recovered by the plaintiffs against the defendant in a trustee process, in which he was summoned as trustee of Francis Hye. Writ dated June 25, 1875. Trial in the Superior Court, without a jury, before Brigham, C. J., who allowed a bill of exceptions in substance as follows : The plaintiffs produced the record of the original action, by which it appeared that, though execution was duly issued on April 28, 1874, it had never been returned into the clerk’s office. They then called the officer who served the execution, and he was-permitted to testify, against the…
1Opinion of the CourtAmes, J.
The defendant was adjudged a trustee in the orig mal action. He has not paid over to the officer upon demand anything whatever to be applied in satisfaction of the execution. The period when it should have been returned had long since expired, and there is no suggestion that it had been satisfied in any other manner. According to the strict letter of the statute, fill the conditions which it prescribes, as necessary preliminaries *66to the issue of this writ of scire facias against the trustee, had been fulfilled. Gen. Sts. c. 142, § 39. Cheney v. Whitely, 9 Cush. 289, 291.
It is true that the…
2Cases cited2 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Patterson v. PattenMassachusetts Supreme Judicial Court · 1819
3Cited by3 opinions
- Treasurer of City of Boston v. SchaperoMassachusetts Supreme Judicial Court · 1914
- O'Connor v. Boston Retirement BoardMassachusetts Supreme Judicial Court · 1939
- Hindle v. HealyMassachusetts Supreme Judicial Court · 1910