Belknap Savings Bank v. Robinson
Supreme Court of Connecticut
Action of replevin brought to the Superior Court in Middlesex County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.
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Action of replevin brought to the Superior Court in Middlesex County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The writ was dated April 25th, 1893: the main portion of the goods named in the schedule annexed to the writ, was replevied in Middlesex County, April 27th, 28th and 29th, and personal service of the writ made on the defendant, who was a resident of New York. The defendant’s answer was a general denial, with notice of disclaimer. The case was tried to the…
1Opinion of the CourtHamersley, J.
The sixth reason of appeal assigns error, “ in holding that the action of replevin could be maintained in this State against the defendant, for goods which were not proved to have been detained by him in this State.”
The claim seems to be that replevin is a local action, which can only be brought to the court within whose territorial •jurisdiction the property described in the writ is situate at the commencement of the action; that the allegation of the particular place where the property is wrongfully detained is a jurisdictional fact which must be alleged and proved, and therefore that no…
2Cases cited7 opinions
- Styles v. TylerSupreme Court of Connecticut · 1894
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Davenport v. LaconSupreme Court of Connecticut · 1845
- Hilton v. OsgoodSupreme Court of Connecticut · 1881
- Peters v. StewartSupreme Court of Connecticut · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cornelio v. Stamford HospitalSupreme Court of Connecticut · 1998
- Semon v. AdamsSupreme Court of Connecticut · 1906
- M. Itzkowitz & Sons, Inc. v. SantorelliSupreme Court of Connecticut · 1941