Palmer v. Gallup
Supreme Court of Connecticut
This was an action against the defendant, as sheriff of Windham county, for the default of John R. Tweedy, one of his deputies, in the service of a writ in favour of the plaintiff. The cause was tried at Brooklyn, January term, 1844, before Church, J, On the 26th of February, 1840, Hogan & Miln brought their action, by writ of attachment, against Joseph S. Curtis, which the plaintiff, as an officer, served, by attaching two yokes of oxen, four horses and ten cows.
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This was an action against the defendant, as sheriff of Windham county, for the default of John R. Tweedy, one of his deputies, in the service of a writ in favour of the plaintiff. The cause was tried at Brooklyn, January term, 1844, before Church, J, On the 26th of February, 1840, Hogan & Miln brought their action, by writ of attachment, against Joseph S. Curtis, which the plaintiff, as an officer, served, by attaching two yokes of oxen, four horses and ten cows. This property the plaintiff delivered to said Curtis, Charles Church and Otis Chapin, who gave their joint receipt for it,…
1Opinion of the Court
Williams, Ch. J.
The defendant claims, that manifest injustice has been done to him, by the verdict; for the plaintiff can now recover at least part of his debt of Church, and can recover of the defendant the 74 dollars collected on the execution; whereas he ought only to be indemnified for his actual loss.
As to the real estate, we think it may be laid out of the case, as the plaintiff never directed it to be attached. The testimony of the plaintiff’s witnesses goes to show, that Church had 200 or 300 dollars worth of personal property, when process issued; most of which property remained with…
2Cases cited5 opinions
- Lindo v. GardnerSupreme Court of the United States · 1803
- Burrell v. LithgowMassachusetts Supreme Judicial Court · 1807
- Gleason v. ChesterSupreme Court of Connecticut · 1803
- United States v. BatesU.S. Circuit Court for the District of District of Columbia · 1810
- Hubbard v. ShalerSupreme Court of Connecticut · 1805
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