Peck Bros. & Co. v. Stratton, 118 Mass. 406 (Mass. 1875).
Peck Bros. & Co. v. Stratton, 118 Mass. 406 (Mass. 1875). Book View Copy Cite
Peck Brothers & Company
v.
H. R. Stratton & another, & trustee
Massachusetts Supreme Judicial Court.
Sep 25, 1875.
118 Mass. 406
Cr. L. Williams, pro se., ¡S. 0. Lamb, for the other claimants.
Gray.
Cited by 8 opinions  |  Published
Gray, C. J.

The plaintiff not undertaking to maintain his attachment of the fund in the hands of the trustee, but abandoning all right to it, the only judgment could be that the trustee be discharged. The conflicting rights of the defendants, the trustee and the claimants could not be settled in this suit. The excepting claimant is not therefore prejudiced by the judgment of the Superior Court. ¡Exceptions overruled.