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39 N.H. 211

Robinson v. Aiken

Supreme Court of New Hampshire

Decided December 15, 1859

Supreme Court of New Hampshire · decided 1859-12-15

<p>The official services of a mayor of a city, under an annual salary, are “ labor performed,” within the meaning of chapter 208, section 9, of the Revised Statutes ; and a city cannot be charged as a trustee, on account of such services, rendered after the service of the trustee process, or within fifteen days prior to such service.</p>

Cited by 1 later decisions — most recently December 1861

1 state decisions

Cited in Abbott (1879)’s definition of “Labor”

Good law ✅— No negative treatment on recordhow we know

Decided 1859-12-15

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Doe, J.*

¶1The defendant Smith was the mayor of Manchester, at a salary of $1,000 a year, payable quarterly. The statute provides that no person summoned as trustee *212shall be charged as such, on account of any labor performed by the debtor, after the service of the process, or within fifteen days prior to such service. Rev. Stat., ch. 208, sec. 9. And the question is, whether the trustee is chargeable for such portion of Smith’s salary as accrued after the service of the process, and within fifteen days prior to such service ? We are of opinion that the official services of Smith as mayor may well he considered as labor performed, within the meaning of the statute.

Kittredge and Bellows, for the plaintiff.J. B. Clark, for the trustee.

¶2Trustee discharged.

¶3 Bellows, J., did not sit.

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