Hill v. McKim
Massachusetts Supreme Judicial Court
Petition, by an insolvent debtor, for a writ of mandamus, requiring the judge of the Court of Insolvency to order a hearing on a proposal for a composition.
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Petition, by an insolvent debtor, for a writ of mandamus, requiring the judge of the Court of Insolvency to order a hearing on a proposal for a composition. At the hearing, before Allen, J., two questions were presented. 1. Whether it was the duty of the judge of insolvency to order a hearing on the proposal for composition, or whether he might in his discretion decline so to do, in view of the smallness of the offer. 2. Whether the remedy was by a petition for a writ of mandamus, or under Pub. Sts. c. 157, § 15. The judge reserved the questions for the consideration of the full court. The…
1Opinion of the CourtField, C. J.
We are of opinion that the proper remedy in cases of this kind is by a bill or petition under Pub. Sts. c. 157, § 15, and not by mandamus. Van Ingen v. Beal, 165 Mass. 582. Jaquith v. Fuller, 167 Mass. 123. Fairweather v. McKim, post, 103. The petition, therefore, must be dismissed.
We may as "well say that we think that the judge of insolvency should not be compelled against his judgment to order a hearing on an offer so trifling in amount as the offer in this case. It appears by the schedule of creditors that the number of creditors is twenty-two, and that the total indebtedness is…
2Cases cited2 opinions
- Jaquith v. FullerMassachusetts Supreme Judicial Court · 1896
- Van Ingen v. BealMassachusetts Supreme Judicial Court · 1896
3Cited by3 opinions
- Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Perry v. HullMassachusetts Supreme Judicial Court · 1902
- Board of Survey v. Suburban Land Co.Massachusetts Supreme Judicial Court · 1920