Legal Opinion

Winchester v. Thayer

Massachusetts Supreme Judicial Court

Decided July 2, 1880PublishedCited by 5 opinions

Bill in equity, under the Gen. Sts. e. 118, § 16, to vacate proceedings in insolvency instituted against George C. Winchester (the plaintiff), William G. Wheildon and Herbert H. Winchester, copartners under the name of George C. Winchester & Co., upon the petition of a creditor. The judge of the Court of Insolvency, the plaintiff’s copartners (who had refused to join as plaintiffs) and the assignees in insolvency were made defendants to the bill.

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Bill in equity, under the Gen. Sts. e. 118, § 16, to vacate proceedings in insolvency instituted against George C. Winchester (the plaintiff), William G. Wheildon and Herbert H. Winchester, copartners under the name of George C. Winchester & Co., upon the petition of a creditor. The judge of the Court of Insolvency, the plaintiff’s copartners (who had refused to join as plaintiffs) and the assignees in insolvency were made defendants to the bill. The bill alleged that the petition was presented to the judge of the Court of Insolvency on September 1, 1879, and, after notice to the debtors and…

1Opinion of the CourtGray, C. J.

This bill is filed under the Gen. Sts. c. 118, § 16, by which it is enacted that this court “ shall have a general superintendence and jurisdiction of all cases arising under this chapter; and, except when special provision is otherwise made, may, upon the bill, petition, or other proper process, of any party aggrieved, hear and determine the case as a court of equity.”

1. The Court of Insolvency is a court of record, and as such has power to amend its own records, and the record as made up or amended by direction of the judge is conclusive evidence of the doings of the court; and parol…

2Cases cited3 opinions

  1. Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
  2. Bell v. ClarkCourt of Appeals of Kentucky · 1859
  3. Marsh v. McKenzieMassachusetts Supreme Judicial Court · 1868

3Cited by5 opinions

  1. Inhabitants of Leominster v. ConantMassachusetts Supreme Judicial Court · 1885
  2. Ricker v. BrooksMassachusetts Supreme Judicial Court · 1892
  3. Moors v. LadenburgMassachusetts Supreme Judicial Court · 1901
  4. Taunton National Bank v. StetsonMassachusetts Supreme Judicial Court · 1887
  5. Jordan v. PalmerMassachusetts Supreme Judicial Court · 1896

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