Bassett v. Hutchinson

Massachusetts Supreme Judicial Court
Bassett v. Hutchinson, 91 Mass. 199 (Mass. 1864)
Bigelow

Bassett v. Hutchinson

Opinion of the Court

Bigelow, C. J.

The appeal iii this case from the decision of the judge of insolvency, ordering an election of a new assignee was improvidently taken. No appeal lies from the court of insolvency to the superior court, except in cases of an allowance or rejection of a debt offered in proof, and upon the question of granting a certificate of discharge to the debtor, as provided in Gen. Sts. c. 118, §§ 34, 85. In all other cases, the only mode of obtaining a revision of an adjudication of a court of insolvency is by an application by a party aggrieved to this court, in the form of a petition, bill in equity or other proper process, under section sixteenth of the same chapter. Barnard v. Eaton, 2 Cush. 294, 302. When plenary jurisdiction is vested by statute in any court over a subject matter, no appeal lies from a judgment or decree, unless the right is expressly conferred, and then only in the mode prescribed by the statute.

Appeal dismissed with costs.

Reference

Full Case Name
Charles J. H. Bassett & others v. William Hutchinson & others
Status
Published