Massachusetts Supreme Judicial Court, 1859

Wells v. Smith

Wells v. Smith
Massachusetts Supreme Judicial Court · Decided June 15, 1859 · Shaw
79 Mass. 207

Wells v. Smith

Opinion of the Court

Shaw, C. J.

The plaintiff, by his own showing, has no equity. He conspired with the defendant to bring a groundless action, in order to defeat the rights of his wife in certain trust property, under the false pretence that it was liable to attachment by his creditors, when the plaintiff in that action was not a creditor; and the whole of the proceeding was an abuse of legal process, and a fraud on the law.

Bill dismissed.

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