Phillips v. Meagher
Massachusetts Supreme Judicial Court
Trustee process. This case, which was brought by the Treasurer of the Common wealth, was heard before Mason, C. J., on two motions, the principal defendant having been defaulted: one, a motion of the plaintiff to charge the alleged .trustee, Mary Meagher, and the other her motion to be discharged.
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Trustee process. This case, which was brought by the Treasurer of the Common wealth, was heard before Mason, C. J., on two motions, the principal defendant having been defaulted: one, a motion of the plaintiff to charge the alleged .trustee, Mary Meagher, and the other her motion to be discharged. The trustee answered “ no funds,” and interrogatories to her, and her sworn answers thereto, were duly presented and read, by which i.t appeared that she had at one time the sum of nineteen hundred and thirty-three dollars belonging to the defendant, John Meagher, her husband, in her possession; but…
1Opinion of the CourtLathrop, J.
The Pub. Sts. c. 183, § 17, provide as follows : “ The answers and statements sworn to by a trustee shall be considered as true in deciding how far he is chargeable, but either party may allege and prove any facts, not stated nor denied by the trustee, that may be material in deciding-that question.” These provisions were first enacted in the Rev. Sts. c. 109, § 15, and have since been in force. Gen. Sts. c. 142, § 11. The law prior to the Revised Statutes is accurately stated by the Commissioners in their note to § 15. Although neither the St. of 1794, c. 65, nor the St. of 1817, c. 148,…
2Cases cited9 opinions
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