Wellington v. Wellington

Connecticut Superior Court

Wellington v. Wellington

8 Conn. Super. Ct. 363, 8 Conn. Supp. 363, 1940 Conn. Super. LEXIS 127

CourtConnecticut Superior Court

DecidedJuly 11, 1940

DocketFile 56482

StatusPublished

This text of 8 Conn. Super. Ct. 363 (Wellington v. Wellington) 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

Wellington v. Wellington, 8 Conn. Super. Ct. 363, 8 Conn. Supp. 363, 1940 Conn. Super. LEXIS 127 (Colo. Ct. App. 1940).

Pincite

Opinion

QUINLAN, J.

If the defendant in this case is harassing the plaintiff by multitudinous proceedings naturally there arises a feeling of sympathy. That there have been or are pending many proceedings is indicated by the arguments of counsel. Where the right lies is impossible for me to determine, but counsel certainly have a duty to see that the personal' animosities of the parties do not' enter their relations and negotiations, to the end that proper costs are promptly recog' nized. Practice Book (1934) p. 11; p. 15, §20.

So far as the motion for payment of costs is concerned, I am-not concerned with the state of accounts between the parties and am not going to assume to make an order which might be considered preferential. With respect to aiding a garnishment I fail to read any of the cases in the same light as plaintiff’s counsel. Shelton vs. Wolthausen, 80 Conn. 599, at page 605 speaks of “the effect of garnishment proceedings upon a fund so placed in the hands of a depositary by order of court after the ownership of it has been adjudicated”, and cites a Vermont and a Maryland case. (Italics added.) Just reading that phrase demonstrates that no reference is had to a fund in the clerk’s hands. The Maryland case has no application to the-question at bar while in the Vermont case, Wilbur vs. Flannery, 60 Vt. 581, at page 583, it was only a coincidence that the custodian was the clerk and the court recognizes the principle that public officials should not be subjected to the trustee process and says this proposition is abundantly fortified by authorities. That trustee was not one for the court nor for the parties to the. litigation.

The court here will not begin a precedent by an order of consent to a garnishment of a clerk of the court. If it is thought the cases sustain such a proceeding, counsel can pursue such remedies as seem to lay open, but not by positive sanction-of this court.

Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

QUINLAN, J.

If the defendant in this case is harassing the plaintiff by multitudinous proceedings naturally there arises a feeling of sympathy. That there have been or are pending many proceedings is indicated by the arguments of counsel. Where the right lies is impossible for me to determine, but counsel certainly have a duty to see that the personal' animosities of the parties do not' enter their relations and negotiations, to the end that proper costs are promptly recog' nized. Practice Book (1934) p. 11; p. 15, §20.

So far as the motion for payment of costs is concerned, I am-not concerned with the state of accounts between the parties and am not going to assume to make an order which might be considered preferential. With respect to aiding a garnishment I fail to read any of the cases in the same light as plaintiff’s counsel. Shelton vs. Wolthausen, 80 Conn. 599, at page 605 speaks of “the effect of garnishment proceedings upon a fund so placed in the hands of a depositary by order of court after the ownership of it has been adjudicated”, and cites a Vermont and a Maryland case. (Italics added.) Just reading that phrase demonstrates that no reference is had to a fund in the clerk’s hands. The Maryland case has no application to the-question at bar while in the Vermont case, Wilbur vs. Flannery, 60 Vt. 581, at page 583, it was only a coincidence that the custodian was the clerk and the court recognizes the principle that public officials should not be subjected to the trustee process and says this proposition is abundantly fortified by authorities. That trustee was not one for the court nor for the parties to the. litigation.

The court here will not begin a precedent by an order of consent to a garnishment of a clerk of the court. If it is thought the cases sustain such a proceeding, counsel can pursue such remedies as seem to lay open, but not by positive sanction-of this court.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

8 Conn. Super. Ct. 363, 8 Conn. Supp. 363, 1940 Conn. Super. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wellington-v-wellington-connsuperct-1940.

Opinion

Related

Cite This Page — Counsel Stack