Eagan v. Luby
Massachusetts Supreme Judicial Court
Trustee process. The writ was dated June 7, 1880, and was served the next day. The city of Fall River, summoned as trustee, answered that, at the date of service upon it, it had in its hands the sum of $135, money earned by the defendant. Thomas Fanton appeared as claimant of the funds in the hands of the trustee.
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Trustee process. The writ was dated June 7, 1880, and was served the next day. The city of Fall River, summoned as trustee, answered that, at the date of service upon it, it had in its hands the sum of $135, money earned by the defendant. Thomas Fanton appeared as claimant of the funds in the hands of the trustee. At the trial in the Superior Court, without a jury, Brigham, C. J., ruled that the plaintiff was entitled to recover $56.55, the amount found due by an auditor to whom the case had been referred; that the claimant was entitled to the money in the hands of the trustee, $135; and that…
1Opinion of the CourtDevbns, J.
The objection that certain entries in the plaintiff’s book of accounts were improperly rejected by the auditor, which the plaintiff seeks to discuss here, cannot be considered. Had the plaintiff desired to raise the question of their admissibility, he should have offered the evidence at the trial in the Superior Court, as he may offer any evidence there, whether it has been received or not by the auditor, or should have moved to recommit the report. Allen v. Hawks, 11 Pick. 359. Briggs v. Gilman, 127 Mass. 530. It does not appear even to have been presented to the presiding judge, who tried…
2Cases cited3 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Briggs v. GilmanMassachusetts Supreme Judicial Court · 1879
- Herbert v. BronsonMassachusetts Supreme Judicial Court · 1878
3Cited by15 opinions
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Taylor v. Barton Child Co.Massachusetts Supreme Judicial Court · 1917
- Heller v. LutzSupreme Court of Missouri · 1914
- Claycraft Co. v. John Bowen Co.Massachusetts Supreme Judicial Court · 1934
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