McCarty v. Nugent

Massachusetts Supreme Judicial Court

McCarty v. Nugent

57 N.E. 219, 176 Mass. 124, 1900 Mass. LEXIS 863

CourtMassachusetts Supreme Judicial Court

DecidedMay 17, 1900

StatusPublished

This text of 57 N.E. 219 (McCarty v. Nugent) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCarty v. Nugent, 57 N.E. 219, 176 Mass. 124, 1900 Mass. LEXIS 863 (Mass. 1900).

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Opinion

Holmes, C. J.

This is an action of contract in which the plaintiff has had judgment and a party summoned as trustee has been charged. A part of the order of the Superior Court is, “ No costs allowed trustee or adverse claimants.” The trustee appeals to this court from so much of the order as allows him no costs. Adverse claimants had been admitted as parties, and the action of the Superior Court presumably was under Pub. Sts. c. 183, § 86. But it is settled “ that it was not intended [by that section] that a discretion should be exercised, upon the question of the right of the trustee to receive costs until he is charged or discharged; but only in relation to the party by whom his costs shall be paid.” Morrison v. McDermott, 6 Allen, 122, 123. It follows that the trustee is entitled to his costs.

Order disallowing costs to trustee reversed.

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Holmes, C. J.

This is an action of contract in which the plaintiff has had judgment and a party summoned as trustee has been charged. A part of the order of the Superior Court is, “ No costs allowed trustee or adverse claimants.” The trustee appeals to this court from so much of the order as allows him no costs. Adverse claimants had been admitted as parties, and the action of the Superior Court presumably was under Pub. Sts. c. 183, § 86. But it is settled “ that it was not intended [by that section] that a discretion should be exercised, upon the question of the right of the trustee to receive costs until he is charged or discharged; but only in relation to the party by whom his costs shall be paid.” Morrison v. McDermott, 6 Allen, 122, 123. It follows that the trustee is entitled to his costs.

Order disallowing costs to trustee reversed.

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Bluebook (online)

57 N.E. 219, 176 Mass. 124, 1900 Mass. LEXIS 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarty-v-nugent-mass-1900.

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