Bates v. Coe
Supreme Court of Connecticut
This was an action of trespass de bonis asportatis and quare clausum fregit-, in distinct counts. To each of the counts the defendant pleaded a justification. The first plea, admitting the possession of the plaintiffs, and the taking, as charged, justified the same, by virtue of process, executed by the defendant, as sheriff, against the personal property of Timothy W. Baldwin.
Read the full summary
This was an action of trespass de bonis asportatis and quare clausum fregit-, in distinct counts. To each of the counts the defendant pleaded a justification. The first plea, admitting the possession of the plaintiffs, and the taking, as charged, justified the same, by virtue of process, executed by the defendant, as sheriff, against the personal property of Timothy W. Baldwin. The second plea admitted the possession of the real estate, and the entry thereupon, and justified the same, by virtue of process, executed by the defendant, as sheriff, by attaching such real estate as the property of…
1Opinion of the Court
Daggett, Ch. J.
The questions presented and discussed will be considered in the order in which they appear on the motion.
1. It is said, that the court erred in refusing to compel the plaintiffs to receive the special pleas. Whether these pleas ought to have been received, is a question, which I deem it unnecessary to decide. It is attended with some difficulty; and is wholly unconnected with the merits of the cause; for it is apparent, that every fact was in evidence under the general issue, and was considered by the court and jury. As no injury has arisen, or could arise, to the defendant, by…
2Cases cited14 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Clark v. BeachSupreme Court of Connecticut · 1826
- Swift v. EdsonSupreme Court of Connecticut · 1825
- Huntington v. SmithSupreme Court of Connecticut · 1822
- Titus v. NeilsonNew York Court of Chancery · 1821
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Holt & Chambers v. BancroftSupreme Court of Alabama · 1857
- Lampson v. ArnoldSupreme Court of Iowa · 1865
- Stone v. StevensSupreme Court of Connecticut · 1837
- Harral v. LevertySupreme Court of Connecticut · 1882
10 more not listed; retrieve them via the Exa API.