Stillman v. Isham
Supreme Court of Connecticut
This was a scire-facias against the defendant, as the trustee and debtor of Elisha Congdon, an absent and absconding debtor; to which the general issue was pleaded.
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This was a scire-facias against the defendant, as the trustee and debtor of Elisha Congdon, an absent and absconding debtor; to which the general issue was pleaded. The cause was tried at Norwich, March term, 1835, before Williams, Ch. J. Upon the trial, it was admitted, that the original process and the proceedings under it were regular; and that the defendant was liable for the sum claimed by the plaintiff, if, upon the facts disclosed, he could be made liable under this process. The facts were these. The defendant was state’s attorney for New-London county; and one Calvin Mason had been…
1Opinion of the Court
Williams, Ch. J.
The question is, whether the facts in this case will subject the defendant to the process of foreign attachment.
Two objections are made to the plaintiff’s recovery. 1. That no demand had been made, by Congdon, of the money. 2. That the character in which the defendant received the money, must protect him from suits of this kind. If the decision in Wilder v. Bailey & al. 3 Mass. Rep. 289. is adopted, it would seem to terminate the case upon the first point. But as the court are *127perfectly satisfied, upon the second objection, that the decision below was correct, their opinion is…
2Cases cited6 opinions
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
- Wilder v. BaileyMassachusetts Supreme Judicial Court · 1807
- Barnes v. TreatMassachusetts Supreme Judicial Court · 1811
- Winchell v. AllenSupreme Court of Connecticut · 1815
- Spalding v. ImlaySupreme Court of Connecticut · 1793
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ward v. County of HartfordSupreme Court of Connecticut · 1838
- Pruitt v. ArmstrongSupreme Court of Alabama · 1876
- Fortune v. City of St. LouisSupreme Court of Missouri · 1856
- Herzig v. HorriganConnecticut Appellate Court · 1994
- Prudential Mortgage & Investment Co. v. City of New BritainSupreme Court of Connecticut · 1937
8 more not listed; retrieve them via the Exa API.