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Massachusetts Reports (Volume 207); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts

Massachusetts Reports (Volume 207); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: known to it. Subsequently the trustee was charged upon ita answer and the plaintiff, who had been admitted as claimant, appealed. In the Superior Court the claimant's claim was allowed and the trustee was discharged without costs. No appeal from or exceptions to this finding appear to have been taken. The case now before us was tried before a judge of the Superior Court without a jury and the judge found in favor of the defendant. It is here on exceptions by the plaintiff to the finding so made and to the refusal of the judge to make certain rulings requested by her. The judge ruled and found as requested by the plaintiff that the goods were necessary household goods within $300 in value and were exempt from attachment, ! but refused to rule, and we think rightly, as requested by the plaintiff that the plaintiff's right to possession of the goods waa not affected by the pendency of the proceedings in the trustee suit. The effect of the trustee process was to attach the goods in the hands of the defendant as the plaintiffs goods, and until it was. discharged as trustee the defendant was bound to hold them subject to any judgment which might be obtained and any execution which might be issued against the principal defendants. The trustee was not bound to decide at its peril whether they were or were not exempt from attachment. Although not in the hands of an officer the goods were in effect in the custody of the law, and the plaintiff, under our statute in regard to replevin, could not replevy them. R. L. c. 190, 8. Hsley v. Stubbs, 5 Mass. 280. Baker v. Fales, 16 Mass. 147, 150. AUen v. Staples, 6 Gray, 491, 493. The remedy of the plaintiff, if any, was in tort against the officer and the attaching creditor. Bean v. Hubbard, 4 Cush. 85. Davlin v. Stone, 4 Cush. 359. The peculiar l...


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Product Details
  • ISBN-13: 9780217232029
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 328
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 0217232027
  • Publisher Date: 06 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 585 gr


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