Bank of Hartford County v. Waterman
Supreme Court of Connecticut
Action on the case against the defendant, as sheriff of Hartford County, for the default of his deputy. The following facts were found by the court: The plaintiffs on the 2d day of December, 1853, placed for service in the hands of Alonzo Warner, a deputy of the defendant, a writ of attachment in their favor against B. B. Smith & Co., a firm consisting of Jonathan C. Brown of Bristol in said county, and S. B. Smith of the city of New York, 'with directions to attach the real…
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Action on the case against the defendant, as sheriff of Hartford County, for the default of his deputy. The following facts were found by the court: The plaintiffs on the 2d day of December, 1853, placed for service in the hands of Alonzo Warner, a deputy of the defendant, a writ of attachment in their favor against B. B. Smith & Co., a firm consisting of Jonathan C. Brown of Bristol in said county, and S. B. Smith of the city of New York, 'with directions to attach the real estate of Brown in Bristol, who had at the time sufficient property to secure the claim. Warner undertook the service…
1Opinion of the CourtStorrs, C. J.
This action is founded on the neglect of an officer to make a valid attachment of real estate and a false return that he had made such an attachment, whereby the plaintiffs, when they undertook to enforce their supposed lien by the levy of an execution, to their surprise, failed to obtain satisfaction and lost their debt. The defendant meets these averments with a plea of the statute of limitations, which restricts the right of suit for such injuries to a period of two years next after it shall accrue.
Ignorance of his rights on the part of the person against whom the statute has begun to run,…
2Cases cited7 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Phalen v. ClarkSupreme Court of Connecticut · 1849
- Miller v. AdamsMassachusetts Supreme Judicial Court · 1820
- Bowman v. RussNew York Supreme Court · 1825
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3Cited by56 opinions
- Houston Water Works v. KennedyTexas Supreme Court · 1888
- Vilcinskas v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1956
- Rowell v. SmithWisconsin Supreme Court · 1905
- Kennedy v. Johns-Manville Sales CorporationSupreme Court of Connecticut · 1948
- Lippitt v. AshleySupreme Court of Connecticut · 1915
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