Starr v. Lyon
Supreme Court of Connecticut
This was an action of debt, on a bond, given to the plaintiff, as sheriff of the county of Fairfield, for the appearance of Gershom Lyon, one of the defendants, at the county court then to be holden at Fairfield, on the last Tuesday of February, 1822. The cause was tried, on the general issue, at an adjourned term of the superior court, at Fairfield, in March, 1824, before Peters, J. The original writ, on which the defendant, Lyon, was arrested, and committed for want of…
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This was an action of debt, on a bond, given to the plaintiff, as sheriff of the county of Fairfield, for the appearance of Gershom Lyon, one of the defendants, at the county court then to be holden at Fairfield, on the last Tuesday of February, 1822. The cause was tried, on the general issue, at an adjourned term of the superior court, at Fairfield, in March, 1824, before Peters, J. The original writ, on which the defendant, Lyon, was arrested, and committed for want of bail, was signed and issued by Calvin Wheeler, Esq. a justice of the peace, against Gershom Lyon and Thomas Lyon, in an…
1Opinion of the CourtPeters, J.
A bond to prosecute is essential to the validity of an attachment. Stat. 25.
It is a recognizance, or bond of record, acknowledged before a magistrate, with condition that the plaintiff shall prosecute his suit; and whatever avoids the attachment, avoids the bond. 1 Swift’s Dig. 376.
By the common law, if a bond or deed be altered, by a stranger, without the consent of the obligee, in a point material, it is void; and the reason given is, that the witness cannot prove it to be the act of the party that delivered it, when there is a material difference from the sense of the contract. 1 Swift’s…
2Cases cited3 opinions
- Peck v. SillSupreme Court of Connecticut · 1819
- Parsons v. ElySupreme Court of Connecticut · 1818
- Burrows v. StoddardSupreme Court of Connecticut · 1820
3Cited by6 opinions
- Denison v. CraftsSupreme Court of Connecticut · 1901
- Gonzales v. SullivanSupreme Court of Florida · 1878
- National Water Works Co. v. City of KansasMissouri Court of Appeals · 1886
- Gregory v. ShermanSupreme Court of Connecticut · 1877
- Clough v. CurtisSupreme Court of New Hampshire · 1882
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