Winch v. Hosmer
Massachusetts Supreme Judicial Court
Petition to the Superior Court for a writ of review of a judgment recovered by the respondents against James C. Melvin, in an action of replevin of certain barrels of flour. The petition alleged that George H. Dupee, of whom the petitioners were the assignees in bankruptcy, owned the flour and left it in the possession of Melvin as a warehouseman.
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Petition to the Superior Court for a writ of review of a judgment recovered by the respondents against James C. Melvin, in an action of replevin of certain barrels of flour. The petition alleged that George H. Dupee, of whom the petitioners were the assignees in bankruptcy, owned the flour and left it in the possession of Melvin as a warehouseman. At the hearing before Crardner, J., the respondents objected to the petition being allowed, for the reason that the petitioners were not parties to the record. The petitioners then made a motion to amend their petition as follows : “And now come…
1Opinion of the CourtGray, C. J.
A writ of review, like a writ of error, must be In the name of a party to the original judgment, or of those who have by law succeeded to his rights upon his death or bankruptcy. Gen. Sts. c. 146, §§ 30-38. Johnson v. Thaxter, 7 Gray, 242. As Dupee, the alleged owner of the goods replevied, was not a party of record to the original action, his assignees in bankruptcy could not maintain a petition for a review in his or in their own name.
But Dupee, or his assignees representing him, may have been under obligation to protect the warehouseman, against whom the original action was brought, and…
2Cases cited2 opinions
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
- Fuller v. StorerMassachusetts Supreme Judicial Court · 1873
3Cited by16 opinions
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- Maker v. BouthierMassachusetts Supreme Judicial Court · 1922
- Moustakis v. Hellenic Orthodox SocietyMassachusetts Supreme Judicial Court · 1928
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