Thompson-Durkee Co. v. Express Plumbing & Heating Co.

This is an appeal by Worcester County Institution for Savings (‘WCIS” or “the Trustee”) of the denial of its motion to supersede the trustee execution in this case. WCIS contends that the execution was improperly issued in the absence of a prior entry of a trustee judgment against it, and that the amount of the execution exceeded the total funds of the defendant held by WCIS at the time of the trustee process attachment.

The relevant procedural chronology is as follows: The plaintiff’s Dist./Mun. Cts. R. Civ. R, Rule 4.2 motion for trustee process against WCIS was allowed on October 26,1993.…