Train v. Herrick

Decided October 15, 1855

Massachusetts Supreme Judicial Court · decided 1855-10-15

<p>T¿e warden of the state prison cannot, after another warden has been appointed in his place, be charged in foreign attachment for the salary of an inferior officer of the prison, which was in his hands when the process was served upon him.</p>

Decided 1855-10-15

Thomas, J.

¶1It appearing that another person has been appointed warden of the state prison, in the place of the alleged trustee, it is quite clear that he cannot be charged. The suit must proceed, if at all, against his successor. Rev. Sts. c. 144, 19.

¶2 Trustee discharged