Willey v. Paulk
Supreme Court of Connecticut
This was an action of debt on a probate bond, executed by the defendants, as sureties with Leveret S. Chapman, since deceased, executor of the last will and testament of Isham Chapman; the condition of which bond was, that Leveret S. Chapman should well and truly execute said will, and settle the estate of said Isham according to law, and in pursuance of the provisions of said will, and the orders of said court.
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This was an action of debt on a probate bond, executed by the defendants, as sureties with Leveret S. Chapman, since deceased, executor of the last will and testament of Isham Chapman; the condition of which bond was, that Leveret S. Chapman should well and truly execute said will, and settle the estate of said Isham according to law, and in pursuance of the provisions of said will, and the orders of said court. At the term of the superior court, in April, 1824, after oyer of the condition of the bond, and reciting it, the defendants pleaded, that said Leveret had fully kept and performed…
1Opinion of the CourtPeters, J.
By the common law, judgments are conclusive evidence between parties and privies. Swift’s Evid. 9. 1 Phill. Evid. 245. Canaan v. The Greenwoods Turnpike Co. 1 Conn. Rep. 1.
The defendants were not, and could not be made, parties to the action against Leveret S. Chapman. But they are privies, not indeed in the fourfold class of privities of Lord Coke, (1 Inst. 271. a.) but privies in contract, as defined by Jacob, (Law Dict. in verbo Privies,) partakers having an interest in any action or thing, or any relation to another. But the defendants *76disclaim all relation to the judgment in question,…
2Cases cited3 opinions
- Coney v. WilliamsMassachusetts Supreme Judicial Court · 1812
- Town of Canaan v. Greenwoods Turnpike Co.Supreme Court of Connecticut · 1814
- Maxfield's Lessee v. LevySupreme Court of the United States · 1797
3Cited by18 opinions
- Eising v. AndrewsSupreme Court of Connecticut · 1895
- Bernd v. LynesSupreme Court of Connecticut · 1899
- Levick v. NortonSupreme Court of Connecticut · 1884
- City of Bridgeport v. United States Fidelity & Guaranty Co.Supreme Court of Connecticut · 1926
- Shepard v. PebblesWisconsin Supreme Court · 1875
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