Doolan v. Wilson
Supreme Court of Connecticut
Action upon an officer’s receipt for property attached, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the plaintiff for $576, and appeal by the defendant Wilson for alleged errors in the rulings of the court.
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Action upon an officer’s receipt for property attached, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the plaintiff for $576, and appeal by the defendant Wilson for alleged errors in the rulings of the court. The finding stated these facts: The receipt recited an attachment by the plaintiff, as deputy-sheriff, of certain horses and wagons particularly described, on a writ against John Poland, and concluded as follows : “ Which said property, we, the undersigned, for a valuable consideration, hereby jointly…
1Opinion of the CourtBaldwin, J.
The entry in the memorandum book was rightly excluded. All that it contained had already been stated under oath by the defendant who offered it. He did not wish to use it to refresh his recollection. For any other purpose it was a mere declaration in his own interest. Palmer v. Hartford Dredging Co., 73 Conn. 182.
The officer was not bound to search for the property which he had attached. The receipt means what it says. It threw on the defendants, as things stood, the absolute duty of redelivering the property to the plaintiff on his demand, or else of paying the judgment upon which the…
2Cases cited2 opinions
- Palmer v. Hartford Dredging Co.Supreme Court of Connecticut · 1900
- Parks v. SheldonSupreme Court of Connecticut · 1870
3Cited by2 opinions
- Maley v. HugoSupreme Court of Connecticut · 1913
- In re SchowDistrict Court, D. Connecticut · 1914