Hewitt v. McNerney
Supreme Court of Connecticut
Action of scire facias against a garnishee, brought originally before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in New Haven County and tried to the court, Studley, J., upon the plaintiff’s demurrer to the defendant’s answer; the court sustained the demurrer and afterwards rendered judgment for the plaintiff, and the defendant appealed for alleged error of the court in sustaining the demurrer.
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Action of scire facias against a garnishee, brought originally before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas in New Haven County and tried to the court, Studley, J., upon the plaintiff’s demurrer to the defendant’s answer; the court sustained the demurrer and afterwards rendered judgment for the plaintiff, and the defendant appealed for alleged error of the court in sustaining the demurrer. These facts appear by the pleadings: In June, 1900, one May Gouin brought suit against one Catherine O’Shea, to recover money due for personal services,…
1Opinion of the CourtHall, J.
The statute of this State concerning actions by foreign attachment provides that “ so much of any debt which has accrued by reason of the personal services of the defendant as shall not exceed fifty dollars . . . shall be exempted and not liable to be taken by foreign attachment or execution.” General Statutes, § 1231, as amended by Chap. 342 of the Public Acts of 1895, p. 707.
In this case the debt, which had accrued by reason of the personal services of May Gouin, was due from Catherine O’Shea. Had she been garnisheed before the payment of that debt, the statute of exemption would have…
2Cases cited2 opinions
- New Haven Steam Saw-Mill Co. v. FowlerSupreme Court of Connecticut · 1859
- Tucker v. BradleySupreme Court of Connecticut · 1842
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