Trustee Process

In practice

A means of reaching goods, property, and creditors of a debtor in the hands of third persons, for the benefit of an attaching creditor. It is a process^ so called, in the New England states, and similar to the garnishee process of others. It is a process given by statute 15 of the statutes of Massachusetts. All goods, effects, and credits so intrusted or deposited in the hands of others that the same cannot be attached by ordinary process of law may by an original writ of process, the form of which is given by the statute, be attached in whose hands <)r possession soever they may be found, and they shall, from the service of the writ, stand bound and be held to satisfy such judgment as the plaintiff may recover against the principal defendant.

Gushing, Trustee Process 2.

The trustees, on suing out and service of the process, according to statute, and its entry in court, may come into court and be examined on oath as to property of the principal in their hands. If the plaintiff recovers against the principal, and there are any trustees who have not discharged themselves under oath, he shall have execution against them.

Gushing, Trustee Process, 4; 2 Kent, Gomm. (8th Ed.) 497, note.