Butler v. Starrett
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Rice, J., presiding. The question raised is, whether the person summoned as trustee in this action may recover costs.
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On Exceptions from Nisi Prius, Rice, J., presiding. The question raised is, whether the person summoned as trustee in this action may recover costs. On the 7th day of the first term, the alleged trustee came and filed his general declaration, signed, and sworn to before the clerk, denying that, "at the time of the service of the writ upon him, he had any goods, effects or credits of said principal defendant in his possession,” thereby "submitting himself to further examination on oath,” and praying "to be discharged and for his costs.” The plaintiff’s attorney was not in Court, when the above…
1Opinion of the Court
The opinion of a majority of the Court was drawn by
Cutting, J.
Statute c. 86, § 13, provides that, — " If any supposed trustee comes into Court at the first term, and submits himself to examination on oath, after having, in writing, declared that, at the time of the service of the trustee process upon him, he had not any goods, effects or credits of the principal in his possession, he shall be entitled to his costs, as in civil actions where issue is joined for trial.”
The allegation in the plaintiff’s writ, in substance, is, that the principal defendant is indebted to the plaintiff!, and, at…
2Cited by1 opinion
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