Wilbur v. Flannery
Supreme Court of Vermont
Trustee Process. Heard on a commissioner’s report, April Term, 1887, Rowell, J., presiding. Judgment against the principal defendant; and judgment proforma that the trustee be discharged. The case appears in the opinion of the court.
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Trustee Process. Heard on a commissioner’s report, April Term, 1887, Rowell, J., presiding. Judgment against the principal defendant; and judgment proforma that the trustee be discharged. The case appears in the opinion of the court. The statute of this State subjects every person to the trustee process- having any goods, effects or credits of the principal defendant entrusted or deposited in his hands or possession, or which shall come to his hands or possession after the service of the writ and before disclosure is made. R. L. ss. 1068, 1071, 1079 ; HurTburt v. Hides and Tr. 17 Yt. 197 ; 59…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
In execution of a decree of the Court of Chancery the defendant was ordered to deposit his deed of certain real estate in Underhill with the clerk of that court, upon a deposit with the clerk for the defendant of a certain sum of money. The money and deed were both deposited *583with the clerk m accordance with the decree. The deed was accepted and taken by the party entitled, and the money was ready to be paid to the defendant when it was attached by the plaintiff.
Both parties agree that money in custodia legis. cannot be attached by the trustee…
2Cited by11 opinions
- BANKERS'MORTG. CO. OF TOPEKA, KAN. v. McCombCourt of Appeals for the Tenth Circuit · 1932
- Russell & Co. v. MillettWashington Supreme Court · 1898
- Green v. RobertsonSupreme Court of Arkansas · 1906
- Credit Bureau of San Diego, Inc. v. GettyCalifornia Court of Appeal · 1943
- Lewis v. HopkinsSupreme Court of Connecticut · 1921
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