Millstone Point Co. v. Rutka

Connecticut Superior Court

Millstone Point Co. v. Rutka

244 A.2d 829, 27 Conn. Super. Ct. 482, 27 Conn. Supp. 482, 1966 Conn. Super. LEXIS 172

CourtConnecticut Superior Court

DecidedNovember 9, 1966

DocketFile No. 146110

StatusPublished

This text of 244 A.2d 829 (Millstone Point Co. v. Rutka) 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

Millstone Point Co. v. Rutka, 244 A.2d 829, 27 Conn. Super. Ct. 482, 27 Conn. Supp. 482, 1966 Conn. Super. LEXIS 172 (Colo. Ct. App. 1966).

Pincite

Opinion

The state of Connecticut filed a plea in abatement for the reason that the process is against the sovereign state of Connecticut or persons acting in their official capacity as officers of the state of Connecticut.

Stephenson, Connecticut Civil Procedure § 36(d), (e) and (f), pages 78 and 79, states that the rule in the United States is that the state cannot be made a garnishee. While no statute exists in Connecticut, it would be safe to assume that the rule obtains here in the absence of statutes authorizing procedures to allow the state to be garnishee.

The plea in abatement is sustained.

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The state of Connecticut filed a plea in abatement for the reason that the process is against the sovereign state of Connecticut or persons acting in their official capacity as officers of the state of Connecticut.

Stephenson, Connecticut Civil Procedure § 36(d), (e) and (f), pages 78 and 79, states that the rule in the United States is that the state cannot be made a garnishee. While no statute exists in Connecticut, it would be safe to assume that the rule obtains here in the absence of statutes authorizing procedures to allow the state to be garnishee.

The plea in abatement is sustained.

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Bluebook (online)

244 A.2d 829, 27 Conn. Super. Ct. 482, 27 Conn. Supp. 482, 1966 Conn. Super. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/millstone-point-co-v-rutka-connsuperct-1966.