Silloway v. Columbia Insurance
Silloway v. Columbia Insurance
Opinion of the Court
This is a creditor’s bill, brought under the St. of 1851, c. 206. That statute is as follows: “ The supreme judicial court shall have jurisdiction in equity, upon a bill by any creditor, to reach and apply, in payment of a debt due from any debtor not residing in this commonwealth, any property, right, title or interest, legal or equitable, of such debtor, within this commonwealth, which cannot be come at to be attached or taken on execution in a suit at law against such debtor.”
The material allegations of the bill, which are either admitted
The answer, by way of demurrer, raises several questions of law:
1. Whether the court has jurisdiction ? This it has under the words of the statute.
2. Whether, by this process, the plaintiff may reach property not attachable ? The language is explicit—“ any property, right, title or interest, legal or equitable.”
3. Whether the bill may be brought by a creditor for himself alone, or whether he must bring a bill to which all creditors may become parties 1 We think the statute clear in this respect also. It allows “ a bill by any creditor to reach and apply in payment of a debt.”
4. Whether Edwards may retain so much as may be neces-
sary to meet a balance due him for services, and reasonable costs and charges ? This, upon the plainest principles of justice* he may. Decree accordingly.
Reference
- Full Case Name
- Daniel Silloway v. Columbia Insurance Company & another
- Status
- Published