Legal Opinion

Gallup v. Manning

Supreme Court of Connecticut

Decided March 23, 1880PublishedCited by 2 opinions

Bill in equity for an injunction against the enforcement of a judgment at law; brought to the Court of Common Pleas of New London County, and heard before Mather, J. The court made the following finding of the facts:— In October, 1878, the respondents, J. L. Manning & Company, brought an action of general assumpsit against Henry A. Gallup, the petitioner, by writ dated October 9th, 1878, demanding two hundred dollars damages, returnable to the Court of Common Pleas in New…

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Bill in equity for an injunction against the enforcement of a judgment at law; brought to the Court of Common Pleas of New London County, and heard before Mather, J. The court made the following finding of the facts:— In October, 1878, the respondents, J. L. Manning & Company, brought an action of general assumpsit against Henry A. Gallup, the petitioner, by writ dated October 9th, 1878, demanding two hundred dollars damages, returnable to the Court of Common Pleas in New London County, then next to be holden at Norwich, on the first Tuesday of February, 1879. The officer to whom the writ was…

1Opinion of the CourtGranger, J.

The petitioner seeks the interposition of a court of equity to relieve him from a judgment at law upon a debt which he justly owes the respondents—a debt which he ought to have paid without suit, and against which he does not pretend that he has any legal or equitable defense, and with regard to which it is found that, at the time the judgment complained of was rendered, he was justly indebted to the respondents in a sum equal to the amount of the judgment. But the petitioner’s ground of complaint is, that the writ upon which the judgment was based was not legally served upon him, and that he…

2Cited by2 opinions

  1. Card v. FootSupreme Court of Connecticut · 1889
  2. Lithuanian Brotherhelp Society St. Wicentus v. TunilaSupreme Court of Connecticut · 1908

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