Dayton v. Lynes
Supreme Court of Connecticut
Scike facias against the defendant as administrator of Jacob A. Van Zant, deceased; tried in the superior court before Carpenter, J. Van Zant at the time of his death was sheriff of the county of Fairfield.
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Scike facias against the defendant as administrator of Jacob A. Van Zant, deceased; tried in the superior court before Carpenter, J. Van Zant at the time of his death was sheriff of the county of Fairfield. The plaintiff had brought an action on the-case against him, which was-then pending, for the default of one George S. Wheeler, a deputy sheriff, in not keeping possession of certain personal property attached by him as such deputy, in a suit of the plaintiff against one Edwards, by means of which neglect the property could not be found to levy the execution upon, on the judgment which the…
1Opinion of the CourtSanford, J.
The equities of the plaintiff’s case are quite apparent, and we are glad to find that there is no stubborn rule of existing law which requires us to ignore or disregard them.
We think the maxim “ actio personalis moritw cum persona,” which has been pressed upon our attention with so much zeal and ability by the defendant’s counsel, is inapplicable to a case like this. It was said by Lord Mansfield, in the leading case of Hambly v. Trott, Cowp., 371, that the maxim was not generally true, much less universally so, and that the law was then unsettled as to the kind of personal actions to which…
2Cited by7 opinions
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- Harris v. Nashville Trust Co.Tennessee Supreme Court · 1913
- Porto Rico Railway Light & Power Co. v. Corte de Distrito de San JuanSupreme Court of Puerto Rico · 1928
- Coite v. LynesSupreme Court of Connecticut · 1865
- Aldridge v. StoutCourt of Appeals of Texas · 1931
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