Fitch v. Smith
Supreme Court of Connecticut
This was an action on the case against the sheriff of New-London county, to recover damages for the failure of his deputy, Raymond, to levy, according to law, two executions in favour of the plaintiff against John Chapman.
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This was an action on the case against the sheriff of New-London county, to recover damages for the failure of his deputy, Raymond, to levy, according to law, two executions in favour of the plaintiff against John Chapman. The declaration averred, that the officer’s return was wholly insufficient to vest any title to the lands levied on in the plaintiff, by reason of his not having alleged therein, that the appraisers appointed by the justice were indifferent or disinterested freeholders of the town wherein the lands lay; by means whereof, the plaintiff has lost his debts, and said executions…
1Opinion of the Court
Hosmer, Ch. J.
on which an opinion Two questions only, is necessary, were raised in the case,
The first was, whether the executions were duly levied.
It is admitted, that the levy was legal in every particular but one ; that is, in the appointment of appraisers.
From the return of the officer it appears, that he applied to a justice of the peace, and requested him to appoint two disinterested freeholders as appraisers; and that the justice appointed two freeholders of the town where the land lies. It does not appear from any source, that they were indifferent or disinterested.
The statute…
2Cases cited3 opinions
- Williams v. AmoryMassachusetts Supreme Judicial Court · 1817
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Booth v. BoothSupreme Court of Connecticut · 1829
3Cited by4 opinions
- State v. RomeSupreme Court of Connecticut · 1894
- Southern Pac. Co. v. EarlCourt of Appeals for the Ninth Circuit · 1897
- People v. RogersCalifornia Supreme Court · 1887
- State v. HastingsSupreme Court of New Hampshire · 1873