Sprague v. Auffmordt
Massachusetts Supreme Judicial Court
Contract against certain non-residents doing business as copartners in the city of New York. Writ dated July 29,1901. No service was made on any of the defendants. Certain business corporations, and persons carrying on business as co-partners, were summoned as trustees. James T. Franklin, a resident of New York, appeared as claimant, and filed a bond dissolving the attachments by trustee process.
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Contract against certain non-residents doing business as copartners in the city of New York. Writ dated July 29,1901. No service was made on any of the defendants. Certain business corporations, and persons carrying on business as co-partners, were summoned as trustees. James T. Franklin, a resident of New York, appeared as claimant, and filed a bond dissolving the attachments by trustee process. The proceedings took the course stated by the court, and the case came up on appeals by the plaintiff from the denials by the Superior Court of the plaintiff’s motions to vacate orders taking off the…
1Opinion of the CourtKnowlton, C. J.
Some of the trustees failed to file answers seasonably, and were defaulted. Afterwards the defaults were stricken off and the trustees were allowed to file answers. Their answers being made under oath and showing no funds in their hands, they were, upon their several motions, discharged. The *8plaintiff, before they were discharged, filed a motion in each case to vacate the order taking off the default and allowing the filing of an answer. These motions were denied. The plaintiff appealed from the orders denying them and from the orders discharging the trustees, and the case is before us on…
2Cases cited6 opinions
- Eliot v. McCormickMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. DunleayMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. McCormackMassachusetts Supreme Judicial Court · 1879
- Maley v. MoshierMassachusetts Supreme Judicial Court · 1894
- Kellogg v. WaiteMassachusetts Supreme Judicial Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1916
- Oliver Ditson Co. v. TestaMassachusetts Supreme Judicial Court · 1913
- Koontz v. Baltimore & Ohio RailroadMassachusetts Supreme Judicial Court · 1915