Robinson v. Burke
Supreme Court of New Hampshire
Motion, by Gleason, for stay of execution in Robinson v. Burke. After tlie plaintiff had recovered judgment in this action, which is trover against a deputy sheriff for attaching goods which were exempt from attachment, Gleason, a creditor of Robinson and not a party to any prior proceedings, sued him, summoned Burke as trustee, and moved for stay of execution until his action against Robinson should be determined.
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Motion, by Gleason, for stay of execution in Robinson v. Burke. After tlie plaintiff had recovered judgment in this action, which is trover against a deputy sheriff for attaching goods which were exempt from attachment, Gleason, a creditor of Robinson and not a party to any prior proceedings, sued him, summoned Burke as trustee, and moved for stay of execution until his action against Robinson should be determined. Robinson opposed this motion upon the ground that the verdict so far partook of the nature of the property converted as to be itself exempt from attachment. Execution was stayed,…
1Opinion of the CourtYoung, J.
All property which can be taken on execution can be attached on mesne process. P. S., c. 220, s. 1. At common law, all the debtor’s property, with a few trifling exceptions not material in this case, could be taken on execution, and it follows that all of his property which is not exempted by statute can be taken now. Damages recovered for the conversion of property exempt from attachment are not themselves exempted by statute (P. S., c. 138, s. 1; Ib., c. 220, s. 2; Ib., c. 215, s. 20), and can be reached in the hands of the judgment debtor by trustee process unless they so far partake of…
2Cases cited2 opinions
- Brookfield v. SawyerSupreme Court of New Hampshire · 1895
- Hall v. JohnsonSupreme Court of New Hampshire · 1887