Woodruff v. Bacon
Supreme Court of Connecticut
Scire Facias, brought to the superior court in Hartford county, in a proceeding of foreign attachment in that court in which the defendant had been factorized. The writ was-signed and issued by a justice of the peace. The statute with regard to foreign attachment provides that “ a scire facias may be taken out from the clerk of the court where the judgment was rendered.” The defendant appeared and pleaded the general issue with notice.
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Scire Facias, brought to the superior court in Hartford county, in a proceeding of foreign attachment in that court in which the defendant had been factorized. The writ was-signed and issued by a justice of the peace. The statute with regard to foreign attachment provides that “ a scire facias may be taken out from the clerk of the court where the judgment was rendered.” The defendant appeared and pleaded the general issue with notice. The suit was brought to the December term of the court in the year 1863, and by continuance came to the September term, 1866, at which latter term the…
1Opinion of the CourtPark, J.
The writ in this case was signed by a justice of the peace. It was duly served and returned to court. In due time the defendant entered the plea of the general issue, with notice of special matters of defence that would be made upon the trial. The cause was continued in court from term to term for a period of nearly three years, when it was erased from the docket on the ground that the court had no jurisdiction of the cause, inasmuch as the process‘was signed by a justice of the peace, when according to the statute the same ought to have been signed by the clerk of the court that tried the…
2Cases cited4 opinions
- Perkins v. PerkinsSupreme Court of Connecticut · 1829
- Fowler v. Charles BishopSupreme Court of Connecticut · 1864
- Payne v. Farmers & Citizens' BankSupreme Court of Connecticut · 1861
- Stevens v. HewittSupreme Court of Vermont · 1858
3Cited by10 opinions
- O'brien's PetitionSupreme Court of Connecticut · 1906
- Norton v. Shore Line Electric Railway Co.Supreme Court of Connecticut · 1911
- Brown v. CatoSupreme Court of Connecticut · 1960
- Orcutt's Appeal From ProbateSupreme Court of Connecticut · 1892
- Savings Bank of Danbury v. DownsSupreme Court of Connecticut · 1901
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