Treadway v. Andrews
Supreme Court of Connecticut
This was a scire-facias in a process of foreign attachment. The plaintiff, among other matters, alleged, that he brought his action of assumpsit to the superior court, against Francis A. Gale, by writ, demanding 1000 dollars damages, and costs of suit; in which writ Gale was described as an absent and absconding debtor, out of the state, within the true intent and meaning of the statute, and therein the officer was commanded to leave true and attested copies thereof, at…
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This was a scire-facias in a process of foreign attachment. The plaintiff, among other matters, alleged, that he brought his action of assumpsit to the superior court, against Francis A. Gale, by writ, demanding 1000 dollars damages, and costs of suit; in which writ Gale was described as an absent and absconding debtor, out of the state, within the true intent and meaning of the statute, and therein the officer was commanded to leave true and attested copies thereof, at least fourteen days before the session of the court to which the same was made returnable, with Salmon Andrews, and therein…
1Opinion of the CourtWaite, J.
Two exceptions have been taken to the sufficiency of the declaration. The first is, that it does not state, that the original action was brought for the recovery of a debt. The second is, that it is not averred, that the goods attached were concealed in the hands of the garnishee, so that they could not be found to be attached.
1. With respect to the first exception, we do not deem it necessary to determine whether the process of foreign attachment will, or will not, lie, in all cases, where the suit is brought for the recovery of damages, arising from a breach of contract. For we think, that,…
2Cited by3 opinions
- Jewelers v. HandyConnecticut Appellate Court · 1969
- Sutherland v. BrownSupreme Court of Connecticut · 1911
- Trikona Advisers Limited v. ChughCourt of Appeals for the Second Circuit · 2017