Daggett v. Chase

The opinion of the Court, (Wells, J. dissenting,) was delivered by

Shepley, C. J.

This action was commenced and entered in the District Court. Service was made upon the trustee, ;and no service was made upon the principal defendant. The person summoned as trustee appeared and made a disclosure and was adjudged trustee in that Court, and a bill of exceptions was in his behalf taken and allowed at the same term *357Thereupon further proceedings were stayed in that Court, and the action was entered at the next term of this Court by the trustee.

It is provided by statute, c. 97, <§> 18, that “ the…