McNamara v. Mattei
Supreme Court of Connecticut
Action to reform a recognizance given in substitution of an attachment, and to recover the amount thereof, brought to the Superior Court in New Haven County where the plaintiff’s demurrer to the second defense was sustained (Robinson■, J.') and the cause was afterwards tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $1,005, and appeal by the defendants for alleged errors in the rulings and charge of the court.
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Action to reform a recognizance given in substitution of an attachment, and to recover the amount thereof, brought to the Superior Court in New Haven County where the plaintiff’s demurrer to the second defense was sustained (Robinson■, J.') and the cause was afterwards tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $1,005, and appeal by the defendants for alleged errors in the rulings and charge of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtHall, J.
This is an action against the principal and surety *of a recognizance for $850, taken upon the application of the defendant Mattei, under §§ 929-984 of the General Statutes, for the dissolution of an attachment by garnishee process, of money due him from the city of New Haven, in an action in which the plaintiff subsequently obtained a judgment of $1,500. Both counts of the complaint appear to allege that the recognizance was in fact taken to the plaintiff, as required by statute, but that by mistake the name of the officer who made the attachment was, in the memorandum of recognizance signed…
2Cases cited5 opinions
- Birdsall v. WheelerSupreme Court of Connecticut · 1890
- Perry v. PostSupreme Court of Connecticut · 1877
- Clark v. GaylordSupreme Court of Connecticut · 1856
- Dayton v. MerrittSupreme Court of Connecticut · 1866
- Jackson v. EmmonsSupreme Court of Connecticut · 1890
3Cited by5 opinions
- D'Andrea v. RendeSupreme Court of Connecticut · 1937
- Dejon v. StreetSupreme Court of Connecticut · 1906
- Uhl v. MaioranoSupreme Court of Connecticut · 1921
- Findsen v. KijakaziDistrict Court, D. Alaska · 2022
- First Nat'l Bk. of Chicago v. Jansson, No. Spbr-9508 30174 (Jul. 21, 1996)Connecticut Superior Court · 1996