Ladd v. Prentice
Supreme Court of Connecticut
This was an action to recover 2000 dollars, the penalty of a replevin bond. The plaintiff in his declaration alleged, that on the 12th of September, 1835, he prayed out a writ of attachment against Shubael Gallup, returnable to the county court in New-London county, by virtue of which the officer to whom it was directed, on the 4th of October, 1835, attached, as the property of Gallup, his undivided right in a vessel called the Atlas, an<^ ^6r car§° ’ ^ie act‘on was duly…
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This was an action to recover 2000 dollars, the penalty of a replevin bond. The plaintiff in his declaration alleged, that on the 12th of September, 1835, he prayed out a writ of attachment against Shubael Gallup, returnable to the county court in New-London county, by virtue of which the officer to whom it was directed, on the 4th of October, 1835, attached, as the property of Gallup, his undivided right in a vessel called the Atlas, an<^ ^6r car§° ’ ^ie act‘on was duly prosecuted, and at term of the county court held in February, 1836, the plaintiff obtained final judgment therein against…
1Opinion of the CourtSherman, J.
The first question submitted for the advice of this court, is, whether, upon the facts agreed and found in this case, the plaintiff is entitled to judgment.
By the common law of this state, there is no legal process by which a person whose property is taken from him can regain his possession. Replevin is given by statute. By an act passed in 1672, borrowed from the code of Massachusetts, a replevin is allowed “ for cattle or other goods and chattels impounded, distrained, attached, seized or extended.” But no person, other than the defendant in the suit, was within the provisions of this law,…
2Cited by6 opinions
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