Jordan v. Gallup
Supreme Court of Connecticut
This was an action on the case against the defendant, as sheriff of Windham county, for the default of Franklin Bailey, one of his deputies.
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This was an action on the case against the defendant, as sheriff of Windham county, for the default of Franklin Bailey, one of his deputies. The declaration alleged, that on the 21st of January, 1841, the plaintiffs prayed out a writ of attachment in an action of book debt in their favour against Elisha A. Smith, which they delivered to Bailey, requiring him to serve and return it; that by virtue of such writ, he attached of the goods and effects of Smith, the following articles, [specifying them,]—that the writ being returned to the court to which it was returnable, the plaintiffs, in…
1Opinion of the CourtStorrs, J.
In this case, the plaintiffs move for judgment in their favour, notwithstanding the verdict.
The defendant is sheriff of the county of Windham; and this suit is brought for the default of one of his deputies, in not keeping certain personal property attached by him, in an ac*543tion brought by the plaintiffs against Elisha A. Smith, so that it could be taken on the execution issued on the judgment obtained therein; and the question is, whether the facts alleged in either of the defendant’s pleas in bar constitute a legal defence; all of them being admitted by the replication, or found by the jury,…
2Cases cited1 opinion
- Rich v. BellMassachusetts Supreme Judicial Court · 1820
3Cited by5 opinions
- Williams v. IvesSupreme Court of Connecticut · 1857
- Fry v. TaylorSupreme Court of Connecticut · 1927
- Dufour v. AndersonIndiana Supreme Court · 1884
- In re SchowDistrict Court, D. Connecticut · 1914
- Chapman v. BellowsSuperior Court of New Hampshire · 1805