Jewett v. Bacon
Massachusetts Supreme Judicial Court
The plaintiff, at the December term of the Common Pleas, in the year 1808, recovered judgment against William Maxwell, and obtained an award of execution against his goods, effects, and credits, in the hands of the defendant, as his trustee, who had never appeared to be examined.
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The plaintiff, at the December term of the Common Pleas, in the year 1808, recovered judgment against William Maxwell, and obtained an award of execution against his goods, effects, and credits, in the hands of the defendant, as his trustee, who had never appeared to be examined. The said execution having issued, and being returned unsatisfied at the last March term of the said court, the. plaintiff sued this scire facias against the defendant to have execution against his own goods and estate. The defendant appeared, upon the scire facias, at the Common Pleas, was examined upon…
1Opinion of the CourtParsons, C. J.
The statute of 1794, c. 65, which authorizes the attachment by a creditor of his debtor’s goods, effects, and credits, in the hands of his trustee, provides, in the tenth section, [*61 ] that, when the trustee is holden * to deliver to the debtor, at a future day, any specific articles other than money, the trustee may, in discharge of himself, tender them to the officer having the execution, who shall receive them at an appraised value. On this section the plaintiff has argued that the defendant, being holden, when the original writ was served, to deliver, at a then future day, a specific…
2Cited by9 opinions
- Peck v. BarnumSupreme Court of Vermont · 1852
- Curnane v. CurnaneMassachusetts Supreme Judicial Court · 1940
- Ladd v. BakerSuperior Court of New Hampshire · 1852
- Hutchinson v. EddySupreme Judicial Court of Maine · 1848
- Clark v. BrewerMassachusetts Supreme Judicial Court · 1856
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