Fay v. Sears
Massachusetts Supreme Judicial Court
Scire facias upon a judgment of this court against the defendant as trustee of the Columbian Insurance Company, upon which execution was issued, demand made upon the trustee, and execution returned unsatisfied. After the defendant had answered in the seire facias, three sets of interrogatories to him were filed by the plaintiff, which he answered. On application of the plaintiff, the court then ordered him to answer more fully, and he filed further answers.
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Scire facias upon a judgment of this court against the defendant as trustee of the Columbian Insurance Company, upon which execution was issued, demand made upon the trustee, and execution returned unsatisfied. After the defendant had answered in the seire facias, three sets of interrogatories to him were filed by the plaintiff, which he answered. On application of the plaintiff, the court then ordered him to answer more fully, and he filed further answers. The case was heard upon the original writ, the writ of seire facias, the returns thereto, the interrogatories and answers, and the order…
1Opinion of the CourtMorton, J.
After the defendant filed his answer in this case, the plaintiff filed several sets of interrogatories to the defendant, which were answered by him. The plaintiff contends- that these answers 16 are not to be considered as entitled to the privileges of the answer of a trustee; that they are merely evidence, and, as such, open to the same exceptions to which the testimony of any other person would be subject.” His claim is, that, seire facias being a civil action, either party had a right to file interrogatories to the other under the Gen. Sts. c. 129, § 46. We cannot concur in this view. The…
2Cases cited5 opinions
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. McCreadyCourt of Appeals of Kentucky · 1859
- Bostwick v. BassMassachusetts Supreme Judicial Court · 1868
- Doyle v. GrayMassachusetts Supreme Judicial Court · 1872
- Scott v. HawkinsMassachusetts Supreme Judicial Court · 1868
3Cited by28 opinions
- Wilde v. MahaneyMassachusetts Supreme Judicial Court · 1903
- Kolda v. National-Ben Franklin Fire InsuranceMassachusetts Supreme Judicial Court · 1935
- McCann v. RandallMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. WidrickMassachusetts Supreme Judicial Court · 1984
- Krogman v. Rice Bros.Massachusetts Supreme Judicial Court · 1922
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