Leonard v. Lawrence
Leonard v. Lawrence
Opinion of the Court
The opinion of the court was delivered by
This writ brings up the judgment- and proceedings in an attachment issued by a justice of the peace. Each of the parties resides in New York. The constable attached only a debt due Leonard from the Erie Railway Company, in the hands of the paymaster, for wages as brakeman. It is claimed that under the supplement of March 27th, 1866, to the attachment act, (Laws, 1866, p. 770,) these wages are not liable to attachment, because by the laws of New York (N. Y. Rev. Stat, 3 Vol., p. 550, § 297,) the earnings of a debtor for his personal services, at any time within sixty days next preceding an order for the purpose, cannot be applied towards the satisfaction of a judgment, when such earnings are necessary for the use of a family supported wholly or partly by his labor. Without referring more particularly to the New York act, it is only necessary to consider whether the supplement of 1866 exempts this debt for wages. Tiie language is this: “ That the personal property of a non-resident of this state, being in this state, shall not
This debt, then, was properly-attached, as the supplement only applies to chattels of a movable and tangible character.
Let the judgment be affirmed.
Justices Elmer and Dalrimple concurred.
Reference
- Full Case Name
- CHARLES W. LEONARD v. CHARLES M. LAWRENCE
- Status
- Published