Gifford v. Rockett
Massachusetts Supreme Judicial Court
Trustee process begun in the Police Court of Fall River, where the principal defendant and the trustee were defaulted, and James Featherstone appeared as claimant of the funds in the hands of the trustee, and was adjudged to be entitled to the funds, and the plaintiff appealed.
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Trustee process begun in the Police Court of Fall River, where the principal defendant and the trustee were defaulted, and James Featherstone appeared as claimant of the funds in the hands of the trustee, and was adjudged to be entitled to the funds, and the plaintiff appealed. In the Superior Court, Wilkinson, J., ordered that the trustee be charged on his default in the court below, and found for the claimant in the sum of $55.01. No judgment was entered against the defendant. The plaintiff alleged exceptions to this order, which need not be stated.
1Opinion of the CourtGray, C. J.
An adverse claimant of funds in the hands of a trustee is made a party to the suit, only for the purpose of being heard upon the question whether, and for what amount, the trus* *72tee shall be charged; he is entitled to be heard even if the trustee is defaulted; and he cannot, except in the matter of costs, have judgment in his own name against the plaintiff or the defendant or the trustee. Gen. Sts. c. 142, §§ 15, 16, 73. Morrison v. McDermott, 6 Allen, 122. Boylen v. Young, 6 Allen, 582. Fuller v. Storer, 111 Mass. 281. Stockwell v. Silloway, 113 Mass. 382. Peck v. Stratton, 118 Mass. 406.
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2Cases cited6 opinions
- Jarvis v. MitchellMassachusetts Supreme Judicial Court · 1868
- Fuller v. StorerMassachusetts Supreme Judicial Court · 1873
- Wood v. GoodridgeMassachusetts Supreme Judicial Court · 1850
- Safford v. KnightMassachusetts Supreme Judicial Court · 1875
- Peck Bros. & Co. v. StrattonMassachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Kelly v. FoleyMassachusetts Supreme Judicial Court · 1933
- Krinsky v. Stevens Coal Sales Co.Massachusetts Supreme Judicial Court · 1941
- Massachusetts National Bank v. BullockMassachusetts Supreme Judicial Court · 1876
- Moors v. GoddardMassachusetts Supreme Judicial Court · 1888
9 more not listed; retrieve them via the Exa API.