Winthrop v. Carlton
Massachusetts Supreme Judicial Court
The declaration in this case was in assumpsit, and contained the usual money counts. The defendant pleaded in abatement, that he had, before the service of the writ in this action upon him, been summoned as trustee of the plaintiff, at the suit of one Ahiel Wood, Jun., for a just demand of the said Wood, and the said process was still pending in the Supreme Judicial Court for the county of Lincoln, and he the said Carlton, undischarged thereof; but still remains liable upon…
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The declaration in this case was in assumpsit, and contained the usual money counts. The defendant pleaded in abatement, that he had, before the service of the writ in this action upon him, been summoned as trustee of the plaintiff, at the suit of one Ahiel Wood, Jun., for a just demand of the said Wood, and the said process was still pending in the Supreme Judicial Court for the county of Lincoln, and he the said Carlton, undischarged thereof; but still remains liable upon the same suit for all the goods, effects, and credits of the plaintiff in his, the said Carlton’s hands, and possession…
1Opinion of the Court
* By the Court.
The plea discloses no sufficient cause of abating the writ. Non constat that judgment will be *380rendered against the defendant in the other suit. That process depending may well support a motion for a continuance of this action; and while the action shall stand continued for such cause, it will not be proper for the plaintiff to tax his costs of travel and attendance.
G. Sullivan for the plaintiff. J. E. Smith for the defendant.
2Cited by22 opinions
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- Hicks v. GleasonSupreme Court of Vermont · 1848
- Waldo v. BeckwithNew Mexico Supreme Court · 1854
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