Collins v. Chase
| Decision Date | 19 November 1880 |
| Parties | EUGENE F. COLLINS v. COLUMBUS CHASE, and KENNEBEC LOG DRIVING COMPANY, as Trustees. |
| Court | Maine Supreme Court |
ON EXCEPTIONS.
By the disclosure of the trustees it appeared that they were indebted to the defendant for his personal labor in April and May, (ending May 14th,) 1878, in the sum of $60. His wages were $2 per day, and $6 had been paid. The writ was served upon the trustees May 11, 1878, and a second service was made June 21, 1878. Other material facts appear in the opinion.
D D. Stewart and B. S. Collins, for the plaintiff.
A. G Emery, for the defendant.
The exceptions state that the presiding judge ruled that the insolvency of the defendant (declared upon his petition filed within four months after the service upon the trustee) dissolved the attachment, notwithstanding the admitted facts that the debts of the petitioner were less than $300, and the proceedings were under § 59 of the insolvent law; and also that the trustees should stand charged for $40 less costs. The plaintiff tenders exceptions to both rulings; to the latter on the ground that it gave the defendant the benefit of the $20 deduction allowed in cases coming under the sixth specification in § 55, c. 86, R. S. There is no certificate of the allowance of the exceptions; but the case is signed by the presiding judge. The inconsistency of the two rulings shows that there was a misunderstanding between the judge and counsel as to the form in which the case should be presented here; counsel supposing that there was a pro forma ruling, and the judge, that the case was to go forward on his report. The judge's signature shows his intention that the questions should be saved for this court. The form is of no importance, and as the docket shows the entry of " Law on exceptions," we will consider the case as if exceptions had been certified as allowed.
The exception to the first pro forma ruling must be sustained.
We hold that proceedings under § 59 of the insolvent act of 1878, in the cases of persons whose debts do not exceed $300, do not dissolve attachments. Such assignments only as are provided for in § 30 will have that effect.
The second exception presents the question, whether a creditor who has procured the detention of a laborer's wages in the hands of his employer by the first service of a trustee process, can, by making a second service under R. S., c. 86, § 6...
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...them operate harmoniously as a whole, giving each its appropriate effect--not using one section to evade or abrogate another.' Collins v. Chase, 71 Me. 434, 436. 'All existing statute provisions upon a particular topic are to be examined together to ascertain the intent of each; and a meani......
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...operate harmoniously as a whole, giving each its appropriate effect-not using one section to evade or abrogate another." Collins v. Chase, 71 Me. 434, 436 (1880). To determine if one statute has repealed another it is necessary to consider whether "the two statutes are so repugnant that the......
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