Walker v. Cook
Massachusetts Supreme Judicial Court
Trustee process. The town of Natick, summoned as trustee of the principal defendant, answered that, -at the time of the service of process upon it, it had not in its hands or possession any goods, credits or effects of the defendant, and was not liable to be summoned or chargeable as trustee, unless the court should find otherwise on the following facts: At the annual March meeting of the town of Natick, the defendant was duly elected to the office of assessor of taxes for…
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Trustee process. The town of Natick, summoned as trustee of the principal defendant, answered that, -at the time of the service of process upon it, it had not in its hands or possession any goods, credits or effects of the defendant, and was not liable to be summoned or chargeable as trustee, unless the court should find otherwise on the following facts: At the annual March meeting of the town of Natick, the defendant was duly elected to the office of assessor of taxes for the current year. He accepted the office, was duly qualified, and entered upon and performed the duties of such office.…
1Opinion of the CourtEkdicott, J.
The statutes provide that each town shall every year choose three or more assessors; that if a town neglects so to do, it shall forfeit to the use of the Commonwealth a sum not exceeding five hundred dollars, nor less than one hundred dollars, as the county commissioners shall order; and that any person chosen assessor, who shall neglect to take the oath of office, shall forfeit the sum of fifty dollars; Gen. Sts. c. 18, §§ 81-34, 53. These forfeitures must be paid into the treasury of the Commonwealth. Gen. Sts. a. 176, §§ 1, 2. Colburn v. Swett, 1 Met. 232.
The assessors, therefore, are…
2Cases cited4 opinions
- Barney v. City of LowellMassachusetts Supreme Judicial Court · 1868
- Adams v. TylerMassachusetts Supreme Judicial Court · 1876
- Lynn v. BradleyCourt of Appeals of Kentucky · 1858
- Musick v. RayCourt of Appeals of Kentucky · 1861
3Cited by19 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Bell v. Treasurer of CambridgeMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1935
- Dowling v. Board of AssessorsMassachusetts Supreme Judicial Court · 1929
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