Robbins v. Justices & Clerk of the Superior Court

78 Mass. 225
CourtMassachusetts Supreme Judicial Court
DecidedNovember 15, 1858
StatusPublished

This text of 78 Mass. 225 (Robbins v. Justices & Clerk of the Superior Court) 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
Robbins v. Justices & Clerk of the Superior Court, 78 Mass. 225 (Mass. 1858).

Opinion

By the Court.

A person summoned in as a stockholder under St. 1851, c. 315, in an action against a manufacturing corporation, is not in a proper sense a party to the action, and cannot remove it from the court in which it was brought. He can make no defence on the merits of the case, and is only summoned in to give him an opportunity of trying the incidental question whether any judgment obtained by the plaintiff shall be capable of being enforced against his goods and estate. Holyoke Bank v. Goodman Paper Manuf. Co. 9 Cush. 576. No question was made in that case by counsel, or considered by the court, as to the manner in which it was brought up.

Petition dismissed.

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Bluebook (online)
78 Mass. 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robbins-v-justices-clerk-of-the-superior-court-mass-1858.