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.

A legal process used in the New England states, and similar to the garnishee process of others. 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 or process, the form of which is given by the statute, be attached in whose hands or 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; Cushing, Trustee Pr. 2. It is issued as part of the original writ Under the trustee process, in Massachusetts, a plaintiff, without giving bond, can attach substantially any property of a defendant which would be subject to execution at common law.or can tie up the “goods, effects and credits,” of the defendant deposited With or entrusted to a third person. It does not appear to be settled as to how much of the defendant’s property the plaintiff may attach. He is entitled to full protection on his claim. In practice the ad danmum clause a reduction of the attachment. The defendant may dissolve the attachment by giving' bond.

The name given, in the New England states, to the process of garnishment or foreign attachment

Defined under Trustee in Black's Law Dictionary.