Bray v. Town of Wallingford
Supreme Court of Connecticut
This was a scire-facias in the process of foreign attachment, to secure and recover a debt due to the plaintiffs from Dwight Hall, for which they had obtained a judgment against him. The defendant demurred to the declaration ; and the questions of law arising on the demurrer, were reserved for the advice of this court. contended, That the process of foreign attachment cannot be sustained against a town in this state.
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This was a scire-facias in the process of foreign attachment, to secure and recover a debt due to the plaintiffs from Dwight Hall, for which they had obtained a judgment against him. The defendant demurred to the declaration ; and the questions of law arising on the demurrer, were reserved for the advice of this court. contended, That the process of foreign attachment cannot be sustained against a town in this state. Towns, as well as “public officers, having money in their hands, to which certain individuals are entitled, are not liable to the creditors of those individuals, in the process…
1Opinion of the CourtStorrs, J.
The only question presented in this case, is, whether a town is subject to the process of foreign attachment, in a suit brought against its creditor.
There is no doubt that the word “ person,” used in the general statute on this subject, where it provides, that “ debts due from any person to a debtor,” may be secured in his hands, by that process, to pay such judgment as the plaintiff shall recover against such debtor, is sufficiently comprehensive to embrace, not only a natural person, but also a corporation. This point was determined in Knox v. The Protect. Ins. Co., 9 Conn. R. 430. Although…
2Cases cited1 opinion
- Stanton v. HolmesSupreme Court of Connecticut · 1809
3Cited by15 opinions
- Ohio v. HelveringSupreme Court of the United States · 1934
- Brown v. GatesWest Virginia Supreme Court · 1879
- New Haven Steam Saw-Mill Co. v. FowlerSupreme Court of Connecticut · 1859
- Duval County v. Charleston Lumber & Manufacturing Co.Supreme Court of Florida · 1903
- Switzer v. City of WellingtonSupreme Court of Kansas · 1888
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