Jarvis v. Mitchell
Massachusetts Supreme Judicial Court
Trustee process. In the superior court, judgment was rendered for the plaintiff against the principal defendant; and the trustee was discharged. From the order discharging him the plaintiff appealed, and, pending the appeal, took out execution on his judgment against the principal defendant; but never placed it in the hands of an officer for service.
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Trustee process. In the superior court, judgment was rendered for the plaintiff against the principal defendant; and the trustee was discharged. From the order discharging him the plaintiff appealed, and, pending the appeal, took out execution on his judgment against the principal defendant; but never placed it in the hands of an officer for service. Upon these facts (which were agreed in writing by the parties as a substitute for more formal proof) the trustee now moved to dismiss the plaintiff’s appeal.
1Opinion of the CourtGray, J.
The decision of the question presented by this motion must be governed by the statutes of the Commonwealth, and little light can be obtained from other laws upon the subject. Although our proceeding by trustee process was doubtless derived from the ancient custom of foreign attachment in London, it differs from that in many important particulars, and among others in the form and effect of the judgment.
In proceedings under the custom of London, the defendant is not personally served with notice of the action, and cannot appear and defend without putting in special bail to dissolve the…
2Cases cited2 opinions
- Spring v. AyerSupreme Court of Vermont · 1851
- Dyer v. StevensMassachusetts Supreme Judicial Court · 1810
3Cited by25 opinions
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Hyde Park Savings Bank v. DavankoskasMassachusetts Supreme Judicial Court · 1937
- Barringer v. NorthridgeMassachusetts Supreme Judicial Court · 1929
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