Waldo v. Spencer
Supreme Court of Connecticut
IN ERROR. This was an action of debt, brought in the name of Isaac Spencer, Esq. treasurer of the state of Connecticut, on a recognizance alleged to have been entered into, by Joseph T. Waldo and his surety or bail. The declaration set forth the proceedings in the case, in which the recognizance was taken.
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IN ERROR. This was an action of debt, brought in the name of Isaac Spencer, Esq. treasurer of the state of Connecticut, on a recognizance alleged to have been entered into, by Joseph T. Waldo and his surety or bail. The declaration set forth the proceedings in the case, in which the recognizance was taken. It stated, that “one Alanson Beecher, a grand-juror of the town of Southbury, on oath exhibited his complaint in writing to William Hinman, Esq. a justice of the peace, in the words and figures following, viz.” reciting the grand-juror’s complaint, which charged Waldo with having opened a…
1Opinion of the Court
Hosmer, Ch. J.
In this case, numerous objections have been made to the determination of the superior court.
1. The declaration is said to be insufficient, because it does not shew, by its averments, that any offence was committed, but only recites the grand-jurors information in hæc verba; and because the bond is alleged to be on condition to answer "the matters in said complaint.” whereas it was taken "to answer said complaint.” The recital of the information is undoubtedly correct; the sole object being to shew, that complaint was made to the justice, which authorized him to take the bond in…
2Cases cited5 opinions
- Clap v. CofranMassachusetts Supreme Judicial Court · 1810
- Bartlett v. WillisMassachusetts Supreme Judicial Court · 1807
- Foot v. CadyConnecticut Superior Court · 1790
- County Treasurer v. BurrSupreme Court of Connecticut · 1792
- Kingsbury v. ClarkSupreme Court of Connecticut · 1815
3Cited by18 opinions
- DuBoise v. DuBoiseSupreme Court of Alabama · 1963
- McVeigh v. RipleySupreme Court of Connecticut · 1904
- Wilkie v. HallSupreme Court of Connecticut · 1842
- State v. WilsonConnecticut Superior Court · 1961
- Sanford v. SanfordSupreme Court of Connecticut · 1859
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