Pac v. Altham

Opinion

HENNESSY, J.

The plaintiff, the commissioner of environmental protection (commissioner), appeals from the trial court’s order exempting certain moneys of the defendant, James F. Altham, Jr., from execution. Ultimately, two bank executions were issued, one which was untimely and one timely served. The trial court held that the moneys were exempt from execution because, for a period of time, the moneys were improperly held as a result of the untimely execution. On appeal, the commissioner claims that the trial court improperly created an exemption not otherwise provided for by statute. We…