Hall v. Hartwell
Massachusetts Supreme Judicial Court
Trustee process. E. C. Lyman and C. E. Shipman, co-partners under the firm name of Lyman and Shipman, were summoned as trustees of the principal defendant. The officer’s return upon the writ stated that he made four successive services upon the trustees, on August 1, 8,15, and 22, respectively.
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Trustee process. E. C. Lyman and C. E. Shipman, co-partners under the firm name of Lyman and Shipman, were summoned as trustees of the principal defendant. The officer’s return upon the writ stated that he made four successive services upon the trustees, on August 1, 8,15, and 22, respectively. The trustees’ answer alleged that, at the time of each service upon them, they had not in their hands or possession any goods, effects, or credits of the defendant except the sum of eight dollars, due the defendant for personal labor and services, which sum, being exempt from attachment, was paid to…
1Opinion of the CourtC. Allen, J.
The plaintiff contends that, although the writ was served upon the trustees several times, the various services constituted but one attachment; and that, when the second and all later services were made, the trustees were bound to bear in mind that they had already reserved and paid over eight dollars to the principal defendant, and that they were only entitled to reserve and pay over ten dollars in all. Pub. Sts. c. 183, §§ 8, 30. But we think the statutes should receive a broader construction. The intention was, to enable persons whose earnings are small and often payable to receive the…
2Cases cited2 opinions
- Bliss v. SmithIllinois Supreme Court · 1875
- Carr v. E. & T. Fairbanks & Co.Supreme Court of Vermont · 1856
3Cited by7 opinions
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- Medical Finance Ass'n v. RamboCalifornia Court of Appeal · 1938
- Miller v. BarronWest Virginia Supreme Court · 1986
- Chapman v. BerryMississippi Supreme Court · 1895
- Choquette v. FordMassachusetts Supreme Judicial Court · 1901
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