Washburn v. Clarkson
Massachusetts Supreme Judicial Court
Appeal by the plaintiff from the taxation of costs in a trustee process. The case was submitted to the Superior Court, and to this court, on appeal, upon an agreed statement of facts in substance as follows: The action was begun in the First District Court of Bristol. On the return day of the writ, the defendant was defaulted.
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Appeal by the plaintiff from the taxation of costs in a trustee process. The case was submitted to the Superior Court, and to this court, on appeal, upon an agreed statement of facts in substance as follows: The action was begun in the First District Court of Bristol. On the return day of the writ, the defendant was defaulted. The Old Colony Iron Company, summoned as trustee, appeared and answered that, at the time of the service upon it, it had no funds in its hands belonging to the defendant. Interrogatories to the trustee were thereupon filed by the plaintiff, and the trustee answered that…
1Opinion of the CourtGray, C. J.
The issue whether the trustee should be charged or discharged depended upon the question whether the assignment to the claimant was valid. The trustee had therefore a direct interest in that question and a right to be heard upon it, and was entitled to costs while attending for that purpose the court in which it was pending. There is nothing to show that the amount of costs allowed him was unreasonable. The case differs from one where no claimant intervenes, and the whole litigation after the filing of the trustee’s answer is between the plaintiff and defendant, in which the trustee has no…
2Cases cited2 opinions
- Wood v. GoodridgeMassachusetts Supreme Judicial Court · 1850
- Wasson v. BowmanMassachusetts Supreme Judicial Court · 1875
3Cited by1 opinion
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1879