
    George B. Richards & another vs. William F. Smith & Trustee.
    On appeal to this court from a judgment of the court of common pleas, charging a trustee in foreign attachment, who has disclosed in his answer an assignment to a claimant, if the record does not show facts establishing the validity of the assignment, the judgment must be affirmed.
    Appeal by Henry M. Richards, summoned as trustee, and Jesse F. Richards, claimant, from the judgment of the court of common pleas, charging the trustee. The papers on which the case was submitted to this court consisted only of the claim of Jesse F. Richards of all moneys in the hands of the trustee, as having been assigned to him by the defendant on the 19th of April 1856, which was before the date of this process; and of the trustee’s answer under oath, stating that at the time of the service of this process upon him a certain sum was due from him to the defendant, for which he had since given his due bill to Jesse F. Richards, upon .the latter’s presenting to him the following assignment: “ In consideration of a debt I owe Jesse F. Richards, be it known that I, William F. Smith, of Attleborough, do hereby transfer and set over to said Jesse F. Richards all demands that I hold against Henry M. Richards, or that the said Henry M. Richards now owes me to this date, and I do empower the said Jesse F. Richards to collect the same. Dated this nineteenth day of April, 1856. W. F. Smith.”
    
      J. Daggett Sf C. B. Farnsworth, for the plaintiffs.
    
      C. I. Reed, for the trustee and claimant.
    The facts show a valid assignment of the fund to the claimant. And if his claim is not properly before the court on this appeal, or even if he has failed to maintain his claim, the trustee is still entitled to be discharged on his answer. Taylor v. Collins, 5 Gray, 50, note.
   By the Court.

An appeal lies from the court of common pleas, only for error in law apparent on the face of the record. St. 1840, c. 87, § 4. And this record does not state facts enough to show either the claimant’s right to the fund, or the trustee’s right to be discharged. • We must presume that evidence was not given to the court of common pleas, which proved the validity of.the assignment to the claimant; or that other evidence was given, which showed that the assignment was invalid.

In the case of Taylor v. Collins, 5 Gray, 50, note, the trustee’s answer disclosed a valid assignment for good consideration ; the court of common .pleas defaulted the claimant, but discharged the trustee; the plaintiff, by his appeal, opened the whole case in this court; and this court necessarily discharged the trustee.

Trustee charged.  