Dolan v. Mucci

1 Citing case

  1. Thompson-Durkee v. Exp. Plumbing Heating

    1994 Mass. App. Div. 190 (Mass. Dist. Ct. App. 1994)   Cited 1 times

    As no judgment against WCIS was entered herein prior to the issuance of the trustee execution, WCIS' motion to supersede such trustee execution should have been allowed. Although the phraseology of early pre-Rules cases suggested that the allowance of a motion to charge the trustee constituted, or at least operated as, a judgment against the trustee permitting the issuance and enforcement of a trustee execution, see, e.g., Dolan v. Mucci, 294 Mass. 341, 346-347 (1936); Kolda v. National-Ben Franklin Fire Ins. Co., 290 Mass. 182, 188 (1935), it is now established that a trustee judgment must be prepared and filed in accordance with Dist./Mun. Cts. R. Civ. P., Rules 58(a) and 79(a) after a motion to charge the trustee is allowed. Arthur D. Little, Inc. v. East Cambridge Sav. Bank., 35 Mass. App. Ct. 734 (1994).