Hollister v. Goodale
Supreme Court of Connecticut
Tins was an action of trespass for taking and carrying away a barouche and harness. The cause was tried at Hartford, February term, 1831, before Peters, J. The claim of the plaintiff for the harness, was abandoned at the trial; and the controversy regarded the barouche only.
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Tins was an action of trespass for taking and carrying away a barouche and harness. The cause was tried at Hartford, February term, 1831, before Peters, J. The claim of the plaintiff for the harness, was abandoned at the trial; and the controversy regarded the barouche only. Both the plaintiff and the defendant were constables of the town of Glastenbury, and claimed to have taken this property, under different writs of attachment, issued against Henry Benton; and the issue turned on the priority of service. On the part of the plaintiff, it was claimed, that the barouche was in Benton’s…
1Opinion of the Court
Hosmer, Ch. J.
The enquiries in the case, are, what constitutes a legal attachment; and whether on this subject, the charge was correct.
1. The word attach, derived remotely from the Latin term attingo, and more immediately from the French attacker, signifies to take or touch, and was adopted as a precise expression of the thing; nam qui nomina intelligit, res etiam inlelligit.
The only object of attachment is to take out of the defendant’s possession, and to transfer into the custody of the law, acting through its legal officer, the goods attached, that they may, if necessary, be seized in…
2Cases cited4 opinions
- Gordon v. JenneyMassachusetts Supreme Judicial Court · 1820
- Lane v. JacksonMassachusetts Supreme Judicial Court · 1809
- Turner v. AustinMassachusetts Supreme Judicial Court · 1819
- Denny v. WarrenMassachusetts Supreme Judicial Court · 1820
3Cited by9 opinions
- United States v. O'DELLCourt of Appeals for the Sixth Circuit · 1947
- Mills v. CampSupreme Court of Connecticut · 1841
- Pennsylvania Railroad v. PennockSupreme Court of Pennsylvania · 1866
- Lyon v. RoodSupreme Court of Vermont · 1840
- Gaines v. BeckerAppellate Court of Illinois · 1880
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