Wasson v. Bowman
Massachusetts Supreme Judicial Court
Trustee process returnable at December term. 1871 of the Superior Court. At the first term, Moses W. Kidder, summoned as trustee, appeared and filed his answer under oath, denying that he was indebted to the defendants, or that he had any goods, effects or credits belonging to them in his hands or possession, and praying to be discharged; and Frank E. Bennett, summoned as trustee, appeared and filed his answer under oath, declaring that he was indebted to the defendants in…
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Trustee process returnable at December term. 1871 of the Superior Court. At the first term, Moses W. Kidder, summoned as trustee, appeared and filed his answer under oath, denying that he was indebted to the defendants, or that he had any goods, effects or credits belonging to them in his hands or possession, and praying to be discharged; and Frank E. Bennett, summoned as trustee, appeared and filed his answer under oath, declaring that he was indebted to the defendants in the sum of $68.18. The plaintiffs, at March term 1874, moved that Kidder be discharged and Bennett charged on their…
1Opinion of the CourtGray, C. J.
This case presents the question whether when a trustee has filed his answer upon oath, either denying that he has any goods, effects or credits of the principal defendant in his possession, or admitting his liability for a certain sum, and no further interrogatories or allegations are filed to or against him, no claimant of the fund intervenes, and the litigation proceeds between the principal parties for several terms before the entry of a formal judgment charging or discharging the trustee upon his answer, the trustee is entitled to costs after the term at which his answer was filed.
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2Cases cited3 opinions
- Cleveland v. ClapMassachusetts Supreme Judicial Court · 1809
- Wood v. GoodridgeMassachusetts Supreme Judicial Court · 1850
- Kellogg v. WaiteMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Butler v. ButlerMassachusetts Supreme Judicial Court · 1895
- Sprague v. AuffmordtMassachusetts Supreme Judicial Court · 1903
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1879
- Washburn v. ClarksonMassachusetts Supreme Judicial Court · 1877