Hart v. Stevenson
Supreme Court of Connecticut
Action on the case for the escape of one Ruperts from the custody of the defendant, a constable of the town of Bridgeport, who had attached his body on mesne process.
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Action on the case for the escape of one Ruperts from the custody of the defendant, a constable of the town of Bridgeport, who had attached his body on mesne process. The case was tried to the jury on the general issue, with notice, before the superior court in Fairfield county, December term, 1856. The writ on which the body of Ruperts had been attached^ was in an action of trover, brought to the city court of the city of Bridgeport, to recover for an iron planer belonging to the plaintiff. The declaration contained no averment that the conversion of the property by the defendant therein,…
1Opinion of the CourtStorrs, C. J.
It is well settled, as a general rule, that in an action against an officer for an escape on mesne process, in which it is held to be necessary to prove the cause of action against the defendant in the original suit, the admissions of the latter are admissible to prove such cause of action. Kempland v. Macauley, Peake’s Ca., 65. S. C., 4 T. R., 436. Sloman v. Herne, 2 Esp. R., 695. Williams v. Bridges, 2 Stark., 42. This is not denied by the defendant; but he insists that the rule should be qualified so as to embrace only such admissions as were made before the arrest, or, at least, before…
2Cases cited2 opinions
- Collins v. CookSupreme Court of Connecticut · 1809
- Edwards v. GunnSupreme Court of Connecticut · 1820