Brainard v. Bushnell
Supreme Court of Connecticut
This was an action on the case, stating, That the Smith Manufacturing Company being indebted to the plaintiffs, by book, the plaintiffs, on the 17th of July, 1829, prayed out a writ of attachment against that company, and delivered it to Matthew G. Warner, a constable, to be served and returned ; that Warner, by virtue of such writ, attached certain articles of personal property, of the value of 4000 dollars, belonging to said company, which property was then held by the…
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This was an action on the case, stating, That the Smith Manufacturing Company being indebted to the plaintiffs, by book, the plaintiffs, on the 17th of July, 1829, prayed out a writ of attachment against that company, and delivered it to Matthew G. Warner, a constable, to be served and returned ; that Warner, by virtue of such writ, attached certain articles of personal property, of the value of 4000 dollars, belonging to said company, which property was then held by the defendant, then a deputy sheriff, subject to sundry writs of attachment in his hands which had been levied thereon, and…
1Opinion of the CourtChurch, J.
Three exceptions have been taken, under the motion, to the opinions expressed by the judge at the trial.
1. That the jury were instructed, that it was neither a matter of legal presumption nor construction, that the writ in fa-vour of Selden Fuller was served, by the officer Bingham, at the same time with any other of the intervening attachments served by him, on the 16th day of July, 1829, as the defendant had claimed.
It was determined, by this court, in the case of Gates v. Bushnell, 9 Conn. Rep. 530. that to preserve a lien created by attachment upon goods previously attached, by a…
2Cases cited3 opinions
- Williams v. CheeseboroughSupreme Court of Connecticut · 1822
- Cutler v. WadsworthSupreme Court of Connecticut · 1828
- Preston v. HicockSupreme Court of Connecticut · 1833
3Cited by9 opinions
- In Re GubelmanCourt of Appeals for the Second Circuit · 1925
- Benson v. AdamsIndiana Supreme Court · 1879
- Parks v. Commissioners of Soldiers' & Sailors' HomeSupreme Court of Colorado · 1896
- Garity v. GigieMassachusetts Supreme Judicial Court · 1881
- United States v. NortonSupreme Court of the United States · 1878
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