Allen v. Adams
Supreme Court of Connecticut
This was an action of assumpsit. The declaration alleged, that on the 1st of July, 1839, the plaintiff was, and still is, sheriff of the county of Hartford ; that on that day, Thomas -H. Marshall sued out a writ of attachment, directed to said sheriff, commanding him to attach the goods or estate of An-sel Humphrey, to the value of 300 dollars, and to summon him to appear before the county court of the county of HarU ford, to be holden on the second Tuedsay of August, 1839,…
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This was an action of assumpsit. The declaration alleged, that on the 1st of July, 1839, the plaintiff was, and still is, sheriff of the county of Hartford ; that on that day, Thomas -H. Marshall sued out a writ of attachment, directed to said sheriff, commanding him to attach the goods or estate of An-sel Humphrey, to the value of 300 dollars, and to summon him to appear before the county court of the county of HarU ford, to be holden on the second Tuedsay of August, 1839, to answer to said Marshall, in a plea of the case, demanding 300 dollars and costs of suit; that upon said writ of…
1Opinion of the CourtStores, J.
Of the competency of Harris, as a witness in this case, there is no doubt; and indeed no question has been made before us on this point. If he has any interest whatever in, the suit, it is not of that certain or direct character which disqualifies him as a witness. 2 Stark. Ev. 744. 2 Phill. Ev. (by Cowen) 92.
The refusal by the defendants, to deliver to the plaintiff the property mentioned in the contract declared on, when demanded, was clearly a breach of that contract, and entitles the plaintiff to recover, unless the proceedings on the writ of error brought on the judgment, rendered in the…
2Cases cited1 opinion
- Clap v. BellMassachusetts Supreme Judicial Court · 1808
3Cited by13 opinions
- Reilly v. StateSupreme Court of Connecticut · 1934
- City National Bank v. StoeckelSupreme Court of Connecticut · 1926
- The Hartford Provision Company v. United StatesCourt of Appeals for the Second Circuit · 1978
- Mulholland v. MulhollandSupreme Court of Connecticut · 1994
- Mulholland v. MulhollandConnecticut Appellate Court · 1993
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