Pollard v. Ross
Massachusetts Supreme Judicial Court
In this action John Chandler, Esq., sheriff of the county of Kennebeck, was summoned as trustee of Ross, the defendant. From his answers (on which alone a question came before the Court, Ross having been defaulted) it appears that having in his hands, as sheriff of the county, an execution sued by Ross vs. Pollard, he collected the money of Pollard, and returned the execution; that he has not paid the money over to Ross, who has never demanded the same of him; that soon…
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In this action John Chandler, Esq., sheriff of the county of Kennebeck, was summoned as trustee of Ross, the defendant. From his answers (on which alone a question came before the Court, Ross having been defaulted) it appears that having in his hands, as sheriff of the county, an execution sued by Ross vs. Pollard, he collected the money of Pollard, and returned the execution; that he has not paid the money over to Ross, who has never demanded the same of him; that soon after the execution was returned, he was sued as the trustee of Ross, the former plaintiff, by Pollard, the former judgment…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
The sheriff, when sued as trustee, had no goods or effects of Ross in his hands, the money he received not being Ross’s property. He had no credits of Ross in his hands, because the sum levied had not been demanded of him; and until then Ross could maintain no action against him.
These principles were recognized in the case of Wilder vs. Bailey & Trustee (1). ■ When we consider the parties in this case, the necessity of applying these principles is manifest. Here there is an attempt by the judgment debtor, after he has satisfied an…
2Cases cited1 opinion
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
3Cited by6 opinions
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- French v. MerrillMassachusetts Supreme Judicial Court · 1882
- Stratton v. HamIndiana Supreme Court · 1856
- Staples v. StaplesSupreme Judicial Court of Maine · 1827
- Elminger v. DrewU.S. Circuit Court for the District of Michigan · 1848
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