Opinion
No. 3492.
Decided December 5, 1944.
In trustee process the trustee is chargeable only for wages for labor performed by the defendant before the first service of the writ upon the trustee and is not chargeable upon successive attachments for wages accruing thereafter before entry of the writ.
DEBT, on a judgment. The action was commenced August 17, 1943 by trustee process. Service was made upon the trustee three times, on September 15, September 22, and October 5. The trustee's disclosure showed $24.14, $27.62 and $18.85 due the defendant as wages on the respective dates of service. The Court charged the trustee in the sum of $24.14 only, subject to the plaintiff's exception. "The sole issue is whether successive trustee attachments may be made to charge the trustee with wages due above the exemption applicable to separate weekly pay periods and before entry of the writ."
The statute provides as follows: "The money, rights and credits of the defendant shall be exempt from trustee process in the following instances, and the trustee shall not be chargeable therefor: I. Wages for labor performed by the defendant after the service of the writ upon the trustee." R. L., c. 412, s. 21, par. I.
Charles F. Hartnett, for the plaintiff, furnished no brief.
James M. Jackson, for the defendant, furnished no brief.
The question raised in this case was decided in favor of the defendant in Redington v. Dunn, 24 N.H. 162, under a state of facts more favorable to the plaintiff than that here presented. The ruling of the Municipal Court was in accordance with this decision, and plaintiff's exception must, therefore, be overruled.
Exception overruled.
All concurred.