Watson v. Watson
Supreme Court of Connecticut
Tins was an action of trespass against John B. Watson and Samuel Phelps, for taking and carrying away from the plaintiff a certain grey horse, alleged to be of the value of 900 dollars. The cause was tried at Hartford, September term 1831, before Daggett, J. The plaintiff proved property in the horse, and that the defendants took him forcibly out of the plaintiff’s possession.
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Tins was an action of trespass against John B. Watson and Samuel Phelps, for taking and carrying away from the plaintiff a certain grey horse, alleged to be of the value of 900 dollars. The cause was tried at Hartford, September term 1831, before Daggett, J. The plaintiff proved property in the horse, and that the defendants took him forcibly out of the plaintiff’s possession. The defendants attempted to justify the taking, by showing to the court a certain writ of replevin, issued by John M. Niles Esq., a justice of the peace, by virtue of which Phelps, as a constable, and Watson, as a…
1ConcurrenceDaggett, J.
In this case, I do not concur with the Court, but adhere to the opinion given in charge to the jury at the. circuit.
I lay out of consideration the doctrine of the common law as to the action of replevin, because our statute has provided for it; and it must therefore be subject to the statutory regulations. This is laid down in 1 Swift’s Dig. 523., and is recog-nised by this Court. Indeed, if the common law were to govern, in this case, it is not within its principles ; for there is no pretence that the property in question was ever tortiously taken out of the possession of the plaintiff in…
2Cases cited1 opinion
- Swift v. ChamberlainSupreme Court of Connecticut · 1821