Watson v. Watson
Supreme Court of Connecticut
Tins was an action of trespass against John B. Watson and Samuel Phelps, for taking and carrying away from the plaintiff a certain grey horse, alleged to be of the value of 900 dollars. The cause was tried at Hartford, September term 1831, before Daggett, J. The plaintiff proved property in the horse, and that the defendants took him forcibly out of the plaintiff’s possession.
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Tins was an action of trespass against John B. Watson and Samuel Phelps, for taking and carrying away from the plaintiff a certain grey horse, alleged to be of the value of 900 dollars. The cause was tried at Hartford, September term 1831, before Daggett, J. The plaintiff proved property in the horse, and that the defendants took him forcibly out of the plaintiff’s possession. The defendants attempted to justify the taking, by showing to the court a certain writ of replevin, issued by John M. Niles Esq., a justice of the peace, by virtue of which Phelps, as a constable, and Watson, as a…
1Opinion of the Court
Hosmer Ch. J.
To simplify the case as ?nuch as possible, I will first put out of consideration, the three last counts in the writ of replevin. These are founded, not on an impounding or distress, but on a caption and detention only. In Wcstmin-stcr-Jlnll, and in some of the contiguous slates, an action of replevin lies for any tortious or unlawful taking of goods and chattels, and is not alone restricted to cases of distress. 2 Phill. Ecid. el in nods. But in this state, no action of replev-in has ever been sustained on tins ground. A negative usage of this kind, so far as our legal muniments…
2Cases cited2 opinions
- Luddington v. PeckSupreme Court of Connecticut · 1818
- Slocum v. WheelerSupreme Court of Connecticut · 1816
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