New Milford Security Co. v. Windham County National Bank
Supreme Court of Connecticut
Suit to set aside an attachment of real estate and of personal property upon the alleged ground that such attachment was originally void, and, if not, that it had been dissolved by proceedings in insolvency commenced within sixty days from the date of the attachment, brought to and reserved by the Superior Court in Litchfield County, Gager, J., upon a demurrer to the complaint and the stipulation of the parties, for the advice of this court.
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Suit to set aside an attachment of real estate and of personal property upon the alleged ground that such attachment was originally void, and, if not, that it had been dissolved by proceedings in insolvency commenced within sixty days from the date of the attachment, brought to and reserved by the Superior Court in Litchfield County, Gager, J., upon a demurrer to the complaint and the stipulation of the parties, for the advice of this court. The case stands upon complaint and demurrer thereto, accompanied by a stipulation that final judgment may be entered in conformity with the advice of…
1DissentWheeler, J.
I especially regret my inability to concur in the opinion of the court, since its conclusions avoid in large measure the results flowing from our construction of the survival statute made in Craig v. Wagner 88 Conn. 100, 89 Atl. 916. I can see no permissible way of avoiding the results of that construction, save by overruling that case, or by remedial legislation.
The principal questions of law presented upon the reservation and pressed in argument are: 1. Whether or not the attachment was dissolved by the death of Green. 2. Whether or not the attachment upon both real’ estate and stock was…
2Cases cited11 opinions
- Coit v. SistareSupreme Court of Connecticut · 1912
- Stapleberg v. StaplebergSupreme Court of Connecticut · 1904
- Ross v. CrofuttSupreme Court of Connecticut · 1911
- Duffield v. PikeSupreme Court of Connecticut · 1899
- Craig v. WagnerSupreme Court of Connecticut · 1914
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