Birdsall v. Wheeler
Supreme Court of Connecticut
Action on a recognizance entered into by the defendant and one Godfrey, given in substitution for an attachment of property under Gen. Statutes, §§ 929 to 934; brought to the Superior Court in Fairfield County, and tried to the jury before Phelps, J. Verdict for the defendant and appeal by the plaintiff. The case is sufficiently stated in the opinion, with the exception of the recognizance and the officer’s return upon the original writ, which are not fully recited.
Read the full summary
Action on a recognizance entered into by the defendant and one Godfrey, given in substitution for an attachment of property under Gen. Statutes, §§ 929 to 934; brought to the Superior Court in Fairfield County, and tried to the jury before Phelps, J. Verdict for the defendant and appeal by the plaintiff. The case is sufficiently stated in the opinion, with the exception of the recognizance and the officer’s return upon the original writ, which are not fully recited. The recognizance was as follows:— “Whereas the estate of Georgia V. Alden, of Westport iii the county of Fairfield and state of…
1Opinion of the CourtFenn, J.
This is an action on a statutory bond, substituted for attachments in two suits of personal properly, in which the plaintiff having recovered judgment, a new trial was ordered by this court, (Trubee v. Wheeler, 53 Conn., 458,) which resulted in a verdict for the defendant, and the plaintiff appeals.
The conclusion which we have reached renders it necessary for us to examine but two of the many reasons of Appeal. The plaintiff, in writing, requested the court to charge the jury “ that the defendant, having executed a bond containing a recital that the estate of Georgia Y. Alden was attached in…
2Cases cited1 opinion
- Trubee v. WheelerSupreme Court of Connecticut · 1885
3Cited by12 opinions
- D'Andrea v. RendeSupreme Court of Connecticut · 1937
- Perri v. CioffiSupreme Court of Connecticut · 1954
- Potter v. ApplebySupreme Court of Connecticut · 1950
- Safford v. McNeilSupreme Court of Connecticut · 1925
- Greengard v. FretzSupreme Court of Minnesota · 1896
7 more not listed; retrieve them via the Exa API.