
    Amos Piper versus Alvarius Willard and Trustee.
    Where the ad damnum in a trustee process exceeds $ 100, and the trustee, having denied that he had in his hands goods, effects or credits of the principal defendant, is nevertheless adjudged trustee by the Court of Common Pleas, he cannot file exceptions, but his remedy is by appeal.
    If a party files exceptions to the judgment of the Common Pleas, where an appeal is his only proper remedy, but neglects to enter his exceptions in this Court, a complaint by the other party for costs on account of such neglect, cannot be sustained.
    
      Oct. 1st.
    Wells, for the plaintiff,
    stated that the ad damnum in this case was laid at more than $ 100 ; that the principal defendant was defaulted in the Court of Common Pleas ; that the trustee, having denied that he had in his hands goods, effects or credits of the principal at the time of the service of the writ, was nevertheless adjudged trustee upon his answers ; that to this adjudication the trustee filed exceptions, but that he had failed to enter the action in this Court; whereupon the plaintiff filed a complaint for costs against the trustee, on account of such neglect.
    The question being upon this complaint, Wells was apprehensive that it could not be sustained, on the ground that the trustee ought to have appealed instead of filing exceptions. St. 1820, c. 79, § 4, 5, ; Richards v. Allen, 8 Pick. 405.
   The Court were of opinion, for the reason suggested, that the case was not properly before them, and the complaint was dismissed. 
      
       Bat in a later case it was held that an action was rightly brought up on exceptions, notwithstanding an appeal lay. Sale v. Pratt, 19 Pick.
     