by John Marshall Harlan

“ When the execution issued, the trustees might, for aught that the judgment creditor knew, have caused it to be satisfied, and thereby dispensed with further proceedings upon the complainant's part against those who were supposed to have unlawfully received the property of the corporation. It was proper, therefore, that a creditor, desiring to resort to the special remedies reserved to him, should attempt by execution to secure payment of his judgment against the corporation before resorting to a court of equity. ”

“ Further, that 'when such a corporation has unlawfully made a division of any of its property, or has property which cannot be attached, or is not by law attachable, any judgment creditor may file a bill in equity in the supreme judicial court, setting forth the facts, and the names of such persons as are alleged to have possession of any such property or choses in action, either before or after division. Service is to be made on the persons so named, as in other suits in equity. ”

“ Before that judgment was rendered, the supreme judicial circuit court for York county, in accordance with the provisions of the Revised Statutes, appointed trustees to take charge of the estate and affairs of the company, with power to collect its debts, and to prosecute and defend suits at law. The present suit was instituted April 11, 1874, by Bowker,-he being a citizen of Massachusetts,-in the circuit court of the United States for the district of Maine, to enforce the rights given to him, as a judgment creditor, by the statutes of Maine. ”