Davis v. Werden
Davis v. Werden
Opinion of the Court
The bill in this case states a case which enti ties the plaintiff to the remedy provided by the St. of 1851, c. 206. The purpose of that statute was to enable a creditor to reach, and apply in payment of his debt, every kind of valuable right or interest, either legal or equitable, in this commonwealth, belonging to a non-resident debtor, which could not be come at to be attached or taken on execution in a suit at law against such debtor. The effect of the statute was to place non-resident debtors ■ more nearly on the same footing with those residing here. Creditors always had the power to enforce their claims against the latter, and compel the surrender of property belonging to them, which was beyond the reach of attachment or seizure, by committing them on execution. But as against nonresident debtors, there was no such remedy before the enactment of this statute.
Reference
- Full Case Name
- Nathan S. Davis v. Ambrose P. Werden & others
- Status
- Published