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…
1Opinion of the CourtBeach, J.
It has long been the general policy of our law that the universal administration of an insolvent estate for the benefit of creditors should work a dissolu tion of freshly-made attachments. This policy has been manifested, in the case of insolvency proceedings and of receiverships of corporations and partnerships, by statute; and in the case of the settlement of insolvent estates of deceased persons, by the unwritten law up to 1903. In the latter case the attachment was dissolved by the. death of the defendant debtor, regardless of its date. Such was the combined effect of the common-law rule…
2Cases cited2 opinions
- Craig v. WagnerSupreme Court of Connecticut · 1914
- Green v. BarkerSupreme Court of Connecticut · 1841
3Cited by7 opinions
- State v. Rodriguez-RomanSupreme Court of Connecticut · 2010
- Milestan v. TisiSupreme Court of Connecticut · 1953
- State v. KreugerDelaware Court of Oyer and Terminer · 1920
- Anderson v. BriggsConnecticut Superior Court · 1952
- Hughes v. Fairfield Lumber and Supply Co.Connecticut Superior Court · 1954
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