Kaufman's Case

• Decision Date: 25 February 1947
• Citation: 72 N.E.2d 601
• Parties: KAUFMAN'S CASE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

72 N.E.2d 601

KAUFMAN'S CASE.

Supreme Judicial Court of Massachusetts, Suffolk.

Feb. 25, 1947

Lichtenstein & Brophy, of Boston, for petitioner.

No appearance for respondent.

RESCRIPT.

This petition to establish the truth of exceptions is dismissed on the ground that the bill of exceptions submitted to the trial judge presents no question worthy of judicial consideration. It is not, however, intimated that a question as to the maintenance of trustee process against a national bank or as to enjoining a national bank may not be worthy of judicial consideration. See Freeman Mfg. Co. v. National Bank of the Republic, 160 Mass. 398, 35 N.E. 865; Phelan v. Atlantic National Bank, 301 Mass. 463, 17 N.E.2d 697; Earle v. Pennsylvania, 178 U.S. 449, 20 S.Ct. 915, 44 L.Ed. 1146; Earle v. Conway, 178 U.S. 456, 20 S.Ct. 918, 44 L.Ed. 1149; Van Reed v. People's National Bank, 198 U.S. 554, 25 S.Ct. 775, 49 L.Ed. 1161, 3 Ann.Cas. 1154. But the bill of exceptions tendered by this defendant does not adequately present any such question, and amendment of the bill of exceptions so as to present any such question would not be within the limited scope of amendment of bills of exceptions by this court. See Morse v. Woodworth, 155 Mass. 233, 241, 27 N.E. 1010, 29 N.E. 525; Freedman, petitioner, 222 Mass. 179, 181-182, 110 N.E. 161; Graustein, petitioner, 305 Mass. 568, 570, 26 N.E.2d 535.

Petition dismissed.

Ordered further that the said clerk send a copy of this rescript to the clerk of the Superior Court for the County of Suffolk, to be filed in the case of Nathan Tatelman v. Israel Kaufman and others.