Dap Financial Management Co. v. Dean, No. Cv94-0318636 (Mar. 5, 1997)

Connecticut Superior Court

Dap Financial Management Co. v. Dean, No. Cv94-0318636 (Mar. 5, 1997)

1997 Conn. Super. Ct. 2026

CourtConnecticut Superior Court

DecidedMarch 5, 1997

DocketNo. CV94-0318636

StatusUnpublished

This text of 1997 Conn. Super. Ct. 2026 (Dap Financial Management Co. v. Dean, No. Cv94-0318636 (Mar. 5, 1997)) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dap Financial Management Co. v. Dean, No. Cv94-0318636 (Mar. 5, 1997), 1997 Conn. Super. Ct. 2026 (Colo. Ct. App. 1997).

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Opinion

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]RULING ON CLAIM FOR EXEMPTION The defendant's claim of exemption is hereby allowed and the wage execution is vacated. The decision inPrudential Mortgage Investment Co. v. NewBritain, 123 Conn. 390, 195 A. 609 (1937), is controlling and precludes execution on the defendant's salary since his position as a judge makes him a public officer. Although the rationale of Prudential may have weakened since 1937 in light of the procedural protections and exemptions now associated with wage executions, the thrust of the Supreme Court's reasoning still has substantial force and subsequent legislation has not nullified the decision; and in any event, any departure from this precedent must come from the Supreme Court.

Stevens, J.

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[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]RULING ON CLAIM FOR EXEMPTION The defendant's claim of exemption is hereby allowed and the wage execution is vacated. The decision inPrudential Mortgage Investment Co. v. NewBritain, 123 Conn. 390, 195 A. 609 (1937), is controlling and precludes execution on the defendant's salary since his position as a judge makes him a public officer. Although the rationale of Prudential may have weakened since 1937 in light of the procedural protections and exemptions now associated with wage executions, the thrust of the Supreme Court's reasoning still has substantial force and subsequent legislation has not nullified the decision; and in any event, any departure from this precedent must come from the Supreme Court.

Stevens, J.

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Bluebook (online)

1997 Conn. Super. Ct. 2026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dap-financial-management-co-v-dean-no-cv94-0318636-mar-5-1997-connsuperct-1997.

Opinion

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