“Suit upon the trustee process of Massachusetts by statute of 1794, ch. 65. The only questions in the cause arose upon the answers of the trustees; and were argued by Dunlap (District Attorney) for the United States, and by Fletcher and Rand for the trustees. . . The case turns wholly upon the answers of the trustees. They have come into Court and have declared, that they had not in their hands or possession at the time the writ was served on them, any goods, effects, or credits of the principal, and they have submitted themselves to an examination on oath touching the premises. They are therefore entitled by the very terms of the statute to a discharge with costs, ‘if, upon such an examination, the said declaration shall appear to the Court to be true.’”
5 Mason 280