Huntley v. Bacon
Supreme Court of Connecticut
This was an action of trespass de bonis asportatis. The defendants pleaded the general issue, with notice that they should prove certain facts as a justification.
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This was an action of trespass de bonis asportatis. The defendants pleaded the general issue, with notice that they should prove certain facts as a justification. The cause was tried at Norwich, March term, 1842, before Storrs, J. The plaintiff claimed to have proved, that at the time of the trespass complained of in his declaration, he, as a constable of the town of Lyme, levied on the property in question, consisting of a quantity of stone, by virtue of certain writs of attachment, which had been placed in his hands for service against Pomeroy & Palmer, two of which writs were in favour of…
1Opinion of the CourtChurch, J.
The first objection to the proceedings in the court below, was, as to the admission of Israel Champion's deposition.
It was claimed, by the defendants, that Israel Champion was a co-partner with the first, attaching creditor, R. Champion, and was, therefore, interested in the event of this suit. Let the fact of the co-partnership be conceded ; and also that Israel Champion and 11. Champion sustained the same relation to this suit; and still it does not follow, that the deponent, Israel Champion, had a disqualifying interest.
Huntley, the officer, had attached the property in question, upon…
2Cited by12 opinions
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