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 […]
14 §2952. Judgment against trustee where no examination
§2952. Judgment against trustee where no examination After notice of a motion under section 2951 has been served, if the person neglects to appear and answer to the motion, that person must be defaulted and adjudged trustee to the extent that the person holds goods, effects or credits of the principal defendant otherwise available to […]
14 §2953. Judgment when all trustees default
§2953. Judgment when all trustees default When all the trustees are defaulted in proceedings after judgment, not having been examined in the original action, the court may enter up joint or several judgments, as the case requires, and issue execution in common form.
14 §2954. Default on proceedings after judgment
§2954. Default on proceedings after judgment If a trustee defaulted on proceedings after judgment was examined in the original action, judgment shall be rendered on the facts stated in his disclosure or proved at the trial, for such part of the goods, effects and credits for which he is chargeable as trustee as remain in […]
14 §2955. Trustee may be examined again though examined in original action
§2955. Trustee may be examined again though examined in original action If he had been examined in the original action, the court may permit or require him to be examined anew in the proceedings after judgment. He may then prove any matter proper for his defense. The court may enter such judgment as law and […]
14 §2956. Goods not demanded in 30 days are liable to other attachment
§2956. Goods not demanded in 30 days are liable to other attachment When a person is adjudged trustee, if the goods, effects and credits in his hands are not demanded of him by virtue of the execution within 30 days after final judgment, their attachment by the original process is dissolved and they are liable […]