318 Mass. 433 | Mass. | 1945
The plaintiff, the receiver of Framingham Garage, Inc., brought two bills in equity to determine the indebtedness of the defendant James E. MacPherson (hereinafter called the defendant) and to reach and apply certain shares of capital stock. G. L. (Ter. Ed.) c. 214, § 3 (7). From decrees aggregating nearly $17,000 in favor of the plaintiff, the defendants appealed, but the appeals have not reached this court. On April 4, 1945, the plaintiff filed in the Superior Court in each case a “motion to turn securities into cash.” The motions, which are substantially identical, recite that “whereas in part the security to which
There is no basis for the motions in G. L. (Ter. Ed.) c. 223, § 86A (first enacted in 1925), which provides in part: “Upon motion of the plaintiff at any time after a verdict has been rendered or a finding of liability or otherwise made in his favor in any action at law in the superior court, or after a finding in his favor fixing the amount of an unliquidated claim has been made in a suit in equity in the supreme judicial or superior court, and before final judgment or decree therein, such court shall thereupon have jurisdic
The next question is whether the plaintiff is entitled to this remedy under G. L. (Ter. Ed.) c. 214, § 3V(7). “The
The result is that there was no error of law in the action of the trial judge in the matters reported.
Decrees denying motions affirmed.
The same is true of § 3 (8). McCarthy v. Rogers, 295 Mass. 245, 246. Hurley v. Boston Railroad Holding Co. 315 Mass. 591, 619.