Kidd v. Shepherd
Massachusetts Supreme Judicial Court
This was an action of assumpsit pending in the county of Hampshire. Upon non assumpsit pleaded, and issue joined, the cause was tried at an adjournment of the last September term at No7'thampton, before Sedgwick, J., and a verdict found for the plaintiff.
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This was an action of assumpsit pending in the county of Hampshire. Upon non assumpsit pleaded, and issue joined, the cause was tried at an adjournment of the last September term at No7'thampton, before Sedgwick, J., and a verdict found for the plaintiff. The cause was continued nisi for judgment, upon a •motion of the defendant, in which he stated that since the issue was joined, but before the verdict was rendered, the goods, effects, and credits, of Kidd, the plaintiff, had been attached in his hands as trustee of Kidd, in divers suits, which he severally sets forth in his motion, and…
1Opinion of the Court
And now at this term the opinion of the Court was delivered by
Parsons, C. J.
After a verdict in this cause for the plaintiff, the defendant moved to stay judgment, because after the plea pleaded and issue joined, and during the term in which the cause was tried, before the verdict, the goods, effects, and credits, of the plaintiff were attached in his hands as trustee of the plaintiff in several suits commenced against him by his creditors.
We are all of opinion that the motion ought not to be granted. These attachments are made pursuant to the statute of 1794, c. 65, providing a remedy for…
2Cases cited4 opinions
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Foster v. JonesMassachusetts Supreme Judicial Court · 1818
- Locke v. TippetsMassachusetts Supreme Judicial Court · 1810
- Eunson v. HealyMassachusetts Supreme Judicial Court · 1806
3Cited by11 opinions
- Howell v. FreemanMassachusetts Supreme Judicial Court · 1807
- Sharp v. ClarkMassachusetts Supreme Judicial Court · 1806
- Trowbridge & Jennings v. MeansSupreme Court of Arkansas · 1843
- Eunson v. HealyMassachusetts Supreme Judicial Court · 1806
- Burnham v. FolsomSuperior Court of New Hampshire · 1832
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