Adams v. Tyler
Massachusetts Supreme Judicial Court
Trustee process. The county of Franklin was summoned as trustee of the principal defendant, and the county treasurer in Ms answer disclosed that, before the service of this process, the county was indebted to the principal defendant in the sum of $125, for services performed as messenger in charge of the court-house, under an appointment by the county commissioners, at the rate of $500 per year, payable quarterly; that he had been ordered to pay said sum, but, before payment…
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Trustee process. The county of Franklin was summoned as trustee of the principal defendant, and the county treasurer in Ms answer disclosed that, before the service of this process, the county was indebted to the principal defendant in the sum of $125, for services performed as messenger in charge of the court-house, under an appointment by the county commissioners, at the rate of $500 per year, payable quarterly; that he had been ordered to pay said sum, but, before payment was made, an assignment was presented to him of said sum, and the holder of the assignment claimed said sum of $125.…
1Opinion of the CourtAmes, J.
By our law, all personal actions, with certain exceptions not necessary to be now considered, may be commenced by trustee process, and any person or corporation may be summoned as trustee of the defendant therein. Gen. Sts. o. 142, § 1. It is also provided that each county of the Commonwealth “ shall continue a body politic and corporate for the following purposes: to sue and be sued, to purchase and hold for the use of the county personal estate, and lands lying within its own limits, and to make necessary contracts, and do necessary acts in relation to the property and concerns of the…
2Cited by13 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Brown v. GatesWest Virginia Supreme Court · 1879
- Duval County v. Charleston Lumber & Manufacturing Co.Supreme Court of Florida · 1903
- Hooker v. McLennanMassachusetts Supreme Judicial Court · 1920
- Switzer v. City of WellingtonSupreme Court of Kansas · 1888
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