Peck Bros. & Co. v. Stratton

118 Mass. 406, 1875 Mass. LEXIS 384

Opinion

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.