Morgan v. Schmid

• Citation: 27 Conn.Supp. 481,244 A.2d 824
• Decision Date: 10 March 1965
• Docket Number: No. 18886,18886
• Court: Court of Common Pleas of Connecticut
• Parties: George C. MORGAN v. Barbara A. SCHMID.

Page 824

244 A.2d 824

27 Conn.Supp. 481

George C. MORGAN v. Barbara A. SCHMID.

No. 18886.

Court of Common Pleas of Connecticut, New London County.

March 10, 1965.

Waller, Smith & Palmer, New London, for plaintiff.

Harold M. Mulvey, Atty. Gen., and John K. Jepson and Raymond J. Cannon, Asst. Attys. Gen., for Yeomans, garnishee.

ARMENTANO, Judge.

The plaintiff in the above entitled action has attempted to garnish funds in the hands of John H. Yeomans as clerk of the Superior Court in Tolland County, which funds are held by him under the direction of the court and in his official capacity as clerk. John H. Yeomans, as clerk of the Superior Court, is a public officer of the judicial department of the state of Connecticut and acts in behalf of the state in said capacity.

Public officers having money in their hands to which certain individuals are entitled are not liable to the creditors of those individuals in the process of foreign attachment. Stillman v. Isham, 11 Conn. 124, 127. '(O)fficers, in the execution of public duties, are not to be embarrassed and perplexed with this process.' Ward v. Hartford County, 12 Conn. 404, 409. It would involve them in perpetual difficulty and disputes; Spalding v. Imlay, 1 Root 551; and expose them to the expense, the inconvenience and hazard incident to this process. Lewis v. Hopkins, 96 Conn. 356, 358, 114 A. 91.

Accordingly, for the foregoing reasons, the motion to dissolve garnishee process, dated February 24, 1965, is granted.