Scott v. Crane
Supreme Court of Connecticut
IN ERROR. THIS was an action on the case, against Scott, as constable of the town of Oxford, for neglecting and refusing to deliver up property to be taken in execution, which he had attached in a suit between Crane and one Smith. The declaration particularly described the process, and recited the defendant’s return on the writ of attachment, and the return on the execution of the officer who held it.
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IN ERROR. THIS was an action on the case, against Scott, as constable of the town of Oxford, for neglecting and refusing to deliver up property to be taken in execution, which he had attached in a suit between Crane and one Smith. The declaration particularly described the process, and recited the defendant’s return on the writ of attachment, and the return on the execution of the officer who held it. On the trial of the cause in the county court, the plaintiff offered in evidence an authenticated copy of the return on the execution, which was as follows : "New-Haven County ss. New-Haven,…
1Opinion of the CourtSwift, J.
This was an action against the defendant for estate, which as constable he had taken on an attachment in favour of the plaintiff against one Smith. The defendant (now plaintiff in error) in the court below contended, that the writ was served on the body of Smith in Derby by a constable there, and then the body released, and the same writ delivered to him in Oxford, where he attached the property in question ; that the writ having been duly served in Derby could not be taken back ; and that the service in Oxford was void.
In all suits, it is the object of the law in favour of the liberty of the…
2Cited by18 opinions
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