Dutton v. Tracy
Supreme Court of Connecticut
This was action of trespass, against Elisha Tracy and Charles Thomas, for taking three horses, the property of the plaintiff.
Read the full summary
This was action of trespass, against Elisha Tracy and Charles Thomas, for taking three horses, the property of the plaintiff. The cause was tried at New-London, October term, 1821, before Peters, J. The defendants admitted the taking; which they attempted to justify, by virtue of an execution issued on a judgment rendered, by a court of competent jurisdiction, on the 19th of August, 1819, in an action upon the statute against forcible entry and detainer, wherein Tracy was plaintiff, and Dutton and others were defendants. Thomas was the officer, who served the execution. By this precept, he…
1Opinion of the Court
Hosmer, Ch. J.
From a reasonable construction of the motion for a new trial, it is apparent, that the trespass committed must be deemed the joint act of the defendants. Thomas acted under the specific direction of Tracy; and the justification proceeds on the ground, that the execution was legally served. The levy of the execution against Dutton and others was unlawful; because no legal demand had been made upon it for payment; and because it was superseded.
The law explicitly requires, that the officer shall repair with the execution put into his hands for service, to the debtor’s usual place…
2Cited by6 opinions
- Murphy v. BjelikOregon Supreme Court · 1917
- Blair v. ComptonMichigan Supreme Court · 1876
- Northeastern Gas Transmission Co. v. BenedictSupreme Court of Connecticut · 1952
- Brewster v. CowenSupreme Court of Connecticut · 1887
- Pecos Valley Lumber Co. v. FreidenbloomNew Mexico Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.