Payne v. Farmers & Citizens' Bank
Supreme Court of Connecticut
Bill in equity. The respondents had attached, and after-wards levied an execution upon, the equity of redemption in certain real estate of the petitioner, leaving about $1,400 of their judgment unsatisfied.
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Bill in equity. The respondents had attached, and after-wards levied an execution upon, the equity of redemption in certain real estate of the petitioner, leaving about $1,400 of their judgment unsatisfied. The bill alleged that in the appraisal of the property to be set off on the execution, about $5,000 worth of fixed machinery was not estimated by the appraisers, but that by the levy of the execution the title to the whole had legally passed to the respondents, and prayed that a satisfaction of the judgment might be entered upon the record and that the respondents might be enjoined against…
1Opinion of the CourtHinman, J.
The respondents make the question whether the court has jurisdiction of this case. The parties are citizens of New York, and the respondents were’ never served with the process in this state, and no property of theirs is attached and held to be appropriated in satisfaction of any decree that may be obtained. This certainly seems to present a strong case in favor of the objection, had it been properly taken in time, or even had it not been waived by any previous appearance, unless indeed the case was one which must necessarily have been brought in the courts of this state, which we need not…
2Cited by6 opinions
- Haussman v. BurnhamSupreme Court of Connecticut · 1890
- O'Sullivan v. OvertonSupreme Court of Connecticut · 1887
- Woodruff v. BaconSupreme Court of Connecticut · 1867
- In re Shelton Street Railway Co.Supreme Court of Connecticut · 1898
- Coleman v. ColemanHawaii Supreme Court · 1885
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