US Lawyer Database

14 §2906. Costs when trustees out of county or reside out of State

§2906. Costs when trustees out of county or reside out of State Persons summoned as trustees, residing out of the county where the action is pending, are not liable for any costs arising on the original process. If the person summoned as trustee is out of the State at the time the summons is served […]

14 §3002. Trustee exempt from costs in proceedings after judgment

§3002. Trustee exempt from costs in proceedings after judgment If a person summoned as trustee is prevented from appearing in the original action by absence from the State or any other reason deemed sufficient by the court and a default is entered against him, he is not liable for costs in the proceedings after judgment; […]

14 §2907. Action fails, costs for defendant and trustee

§2907. Action fails, costs for defendant and trustee When the plaintiff does not support his action, the court shall award costs against him in favor of the principal and in favor of the persons summoned as trustees severally who appeared and submitted to examination on oath, and several executions shall issue accordingly.  

14 §3051. On appeal whole case re-examined by law court

§3051. On appeal whole case re-examined by law court Whenever objections are made to the ruling and decision of a justice as to the liability of a trustee, the whole case may be reexamined and determined by the law court on appeal and remanded for further disclosure or other proceedings, as justice requires.  

14 §2908. No costs for trustee unless he appears

§2908. No costs for trustee unless he appears When a person, summoned as trustee, does not come into court and declare that he had no property or credits of the principal in his hands when the summons was served and submit himself to examination on oath, the court shall not award costs in his favor […]

14 §3101. Form and service of trustee summons

§3101. Form and service of trustee summons When a trustee process is issued by a District Court, the summons shall be substantially in the form used in the Superior Court, and be served 7 days before the return day in the same manner as in the Superior Court; and shall be brought in the division […]

14 §2909. Trustee’s liability for costs

§2909. Trustee’s liability for costs If the amount disclosed is as large as the sum recovered in the action, the trustee is liable to no costs after service of the trustee process upon him; otherwise, he is liable to legal costs.  

14 §3102. Default for nonappearance; costs

§3102. Default for nonappearance; costs When the person summoned under section 3101 does not appear and answer to the action, that person must be defaulted, adjudged trustee to the extent provided in section 2614 and be liable to costs. If that person appears at the return day and submits to an examination on oath and […]

14 §2910. Trustee’s failure to pay costs when liable

§2910. Trustee’s failure to pay costs when liable If the person summoned as trustee and liable for costs as provided in section 2701 does not voluntarily pay them when demanded by the officer serving the execution, the officer shall state the fact in his return thereon. If it appears thereby that the costs have not […]

14 §2951. Motion by plaintiff against trustee

§2951. Motion by plaintiff against trustee When a person adjudged a trustee in the original action does not, on demand of the officer holding the execution, pay over and deliver to him the goods, effects and credits in his hands and the execution is returned unsatisfied, the plaintiff may on motion in the original action […]