Williams v. Ives
Supreme Court of Connecticut
This was an action of trespass de bonis asportatis, brought against Wooster Ives and Frederick W. Bartholomew. The defendants pleaded the general issue, with notice that they should offer evidence to prove that the defendant Ives, at the time of the alleged trespass, was a constable of the town of Wallingford, and that one Alvin Hull had shortly before put into his hands for service a lawful writ of attachment in favor of the defendant Bartholomew against the plaintiff,…
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This was an action of trespass de bonis asportatis, brought against Wooster Ives and Frederick W. Bartholomew. The defendants pleaded the general issue, with notice that they should offer evidence to prove that the defendant Ives, at the time of the alleged trespass, was a constable of the town of Wallingford, and that one Alvin Hull had shortly before put into his hands for service a lawful writ of attachment in favor of the defendant Bartholomew against the plaintiff, returnable to the superior court for the county of New Haven, signed by a justice of the peace for New Haven county, and…
1Opinion of the CourtHinman, J.
The defendants ask for a new trial on three grounds; 1st. Because an action of trespass will not lie against the officer, who, it is said, has only been guilty of a mere omission to perform his duty in not returning his process ; 2d. Because he had a sufficient legal excuse for not proceeding further with the service of his process; and 3d. Because the damages should have been merely nominal, and the court ought so to have charged the jury.
On the first point we are referred to the case of Waterbury v. Lockwood, 4 Day, 257, as showing that trespass will not lie against an officer for a mere…
2Cases cited2 opinions
- Jordan v. GallupSupreme Court of Connecticut · 1844
- Waterbury v. LockwoodSupreme Court of Connecticut · 1810
3Cited by8 opinions
- Sanford v. PondSupreme Court of Connecticut · 1871
- Wilfred A. Lamothe v. Bessie GordonConnecticut Superior Court · 1948
- Musial v. State of ConnecticutConnecticut Superior Court · 1935
- Holbrook v. CampSupreme Court of Connecticut · 1871
- Malchoff v. KnewelSouth Dakota Supreme Court · 1927
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