Trustees of Bacon Academy v. DeWolf
Supreme Court of Connecticut
Scire facias against the defendant as the debtor and factor of Henry C. Rogers. The defendant pleaded in bar, that upon the original factorizing process, in the suit against Rogers, he had been cited to appear before the court to which the writ was returnable to disclose on oath, whether at the time of the service of the process he had in his hands the goods or effects of Rogers or was indebted to him,—that he appeared, and at the request of the plaintiffs was examined on…
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Scire facias against the defendant as the debtor and factor of Henry C. Rogers. The defendant pleaded in bar, that upon the original factorizing process, in the suit against Rogers, he had been cited to appear before the court to which the writ was returnable to disclose on oath, whether at the time of the service of the process he had in his hands the goods or effects of Rogers or was indebted to him,—that he appeared, and at the request of the plaintiffs was examined on oath before the court with regard to the matter,—that on such examination the court found that, at the time of such…
1Opinion of the Court
Hinman, J..
This is a scire facias against the defendant *605as garnishee, and as he was summoned to disclose, and did appear and disclose, in the suit against the original debtor, and was found by the court not indebted to him, and that he had not his goods, &c., in his hands, he now pleads this finding as a bar to any further proceedings against him. On demurrer to this plea the question is, whether the statute (Rev. Stat., tit. 1, sec. 238,) makes such a finding conclusive against the plaintiff in the original suit, and bars him from any further examination of the question on a scire facias.…
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