Hurlbutt v. Currier
Supreme Court of New Hampshire
Trover, for 217 pieces of cloth. Facts agreed. November 25, 1893, Benjamin Greenbank was adjudged insolvent, upon his petition filed November 17, 1893. A warrant issued November 25 to W. B. Richardson, deputy sheriff, as messenger. The defendant was elected and appointed assignee December 26. At the October term, 1893, for the southern judicial district of Grafton county, George II.
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Trover, for 217 pieces of cloth. Facts agreed. November 25, 1893, Benjamin Greenbank was adjudged insolvent, upon his petition filed November 17, 1893. A warrant issued November 25 to W. B. Richardson, deputy sheriff, as messenger. The defendant was elected and appointed assignee December 26. At the October term, 1893, for the southern judicial district of Grafton county, George II. Goodhue obtained judgment against Greenbank for $501.05 damages and $9.93 costs of suit, the date of judgment being October 19. Execution issued October 23, and was placed in the hands of the plaintiff, sheriff of…
1Opinion of the CourtBlodgett, J.
Section 26 of the insolvency statute (P. S., c. 201), which provides that “ The proceedings in insolvency shall dissolve all attachments of the debtor’s property made within three months before the beginning thereof,” applies to attachments on mesne process under which the lien acquired is merely contingent and provisional upon the recovery of judgment by the plaintiff, and does not apply to absolute liens acquired by a seizure or levy on execution as contended by the defendant.
An execution is final process and the end of the law, and the settled doctrine is that a seizure or levy upon it…
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