Legal Opinion

Ward v. County of Hartford

Supreme Court of Connecticut

Decided June 15, 1838PublishedCited by 21 opinions

IN ERROR. This was a scire-f acias in a process of foreign attachment against the county of Hartford. The original action was against James Chamberlin, describing him as an absent and absconding debtor, and averring that the county of Hartford was his debtor and trustee. A copy was left in service with Nathaniel Goodwin, Esq. as treasurer of the county.

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IN ERROR. This was a scire-f acias in a process of foreign attachment against the county of Hartford. The original action was against James Chamberlin, describing him as an absent and absconding debtor, and averring that the county of Hartford was his debtor and trustee. A copy was left in service with Nathaniel Goodwin, Esq. as treasurer of the county. The plaintiffs recovered judgment against Chamberlin ; and an execution issued thereon was returned non est inventus, demand having been made of the county treasurer, as well as of the execution debtor. There was a demurrer to the declaration…

1Opinion of the Court

Williams, Ch. J.

Two questions are presented in this case ; whether a county can be sued at all, and whether it can be subject to this process.

1. Is a county subject to suits ? The state is divided into counties for public purposes, and particularly for the more convenient administration of justice. The object of the division into counties is much the same as the like division in Great-Britain, although some of the duties imposed upon counties there are here to be performed by other communities. There, the sheriff is the principal officer of the county, and holds his courts for the county; and…

2Cases cited3 opinions

  1. Gardner v. PrestonSupreme Court of Connecticut · 1805
  2. Stillman v. IshamSupreme Court of Connecticut · 1835
  3. McLoud v. SelbySupreme Court of Connecticut · 1835

3Cited by21 opinions

  1. Beach v. LeahySupreme Court of Kansas · 1873
  2. Board of Commissioners v. AllmanIndiana Supreme Court · 1895
  3. Wallace v. LawyerIndiana Supreme Court · 1876
  4. Brown v. GatesWest Virginia Supreme Court · 1879
  5. Woods v. County CommissionersNebraska Supreme Court · 1880

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