Massachusetts Supreme Judicial Court, 1875

United States Manufacturing Co. v. Clark

United States Manufacturing Co. v. Clark
Massachusetts Supreme Judicial Court · Decided November 20, 1875 · Gray
119 Mass. 163; 1875 Mass. LEXIS 103
United States Manufacturing Co. v. Clark

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Gray, C. J.

This action, and that in which the defendants were summoned as trustees of the plaintiff, were returnable at the same term. Until that term, this plaintiff could not know whether the trustee process would be entered, and these defendants were not and could not be adjudged his trustees therein, nor the fact stated on the record of this action. The plaintiff, by the express provision of the Gen. Sts. c. 142, § 20, was entitled to judgment in this action for the costs due to him, which must include the taxable costs before and at that term, and no more have been allowed in this case. Taxation affirmed.

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