Cutler v. Wadsworth
Supreme Court of Connecticut
This was an action on the ease against the defendant, as a deputy of the sheriff of Hartford county, for neglect of duty in the service of an execution in favour of the plaintiffs against Orrin Webster.
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This was an action on the ease against the defendant, as a deputy of the sheriff of Hartford county, for neglect of duty in the service of an execution in favour of the plaintiffs against Orrin Webster. The cause was tried at Hartford, February term, 1828, before Hosmer, Ch. J. On the trial, the plaintiffs adduced in evidence an execution, the introductory part of which was as follows: " Whereas S. F. Cutler and E. Cutler, of the town of Hardwicke, in the state of Massachusetts, recovered judgment against Orrin Webster, of said Hartford, before the superior court holden at Hartford, within…
1Opinion of the Court
Hosmer, Ch. J.
In this case the court charged the jury* that the execution mentioned in the plaintiff’s declaration was void, and of consequence, that the defendant was under no legal obligation to serve it; and the question now to be determined, is, whether the charge to the jury was correct.
By the clerk of the superior court, an execution was issued, in common form, counting on a judgment of the court aforesaid, held on the fourth Tuesday oí February, 1827. A judgment between the same parties was rendered, by the superior court, at the term assigned by law, on the second Tuesday of said…
2Cases cited1 opinion
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