Smith v. Trawl
Connecticut Superior Court
Error to reverse a judgment of the County Court, in an action Trawl v. Smith, declaring that one Jehiel Sexton was indebted to 1dm. £8 15s. by note; that to secure said debt, he caused a certain horse of said Sexton’s to be attached of more value than said debt, by writ, dated and returnable before Justice Wilcox, to be answered on the 29th of January, A. D. 1787; that said horse was accordingly attached and taken into the custody of the law.
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Error to reverse a judgment of the County Court, in an action Trawl v. Smith, declaring that one Jehiel Sexton was indebted to 1dm. £8 15s. by note; that to secure said debt, he caused a certain horse of said Sexton’s to be attached of more value than said debt, by writ, dated and returnable before Justice Wilcox, to be answered on the 29th of January, A. D. 1787; that said horse was accordingly attached and taken into the custody of the law. That said Sexton applied to the defendant, he being a justice of the peace, for a writ of replevin to replevy said home, which said justice granted, and…
1Opinion of the Court
By the Court.
The question in this case is, whether the plaintiff’s bond, upon a replevin, in any ease, let him be ever *166so responsible, can be considered as good and sufficient security, within the letter and meaning of the law. 2d. Whether, as the statute is worded, and the practice hath been, the justice is guilty of a- malfeasance, for which he is liable in damages; or only as having committed an error in judgment.
The statute respecting attachments is, that the plaintiff, on praying out an attachment against the goods and the estate of the debtor, shall give sufficient security to…
2Cited by4 opinions
- Tompkins v. SandsNew York Supreme Court · 1832
- Bank of Middlebury v. Town of RutlandSupreme Court of Vermont · 1860
- Howe v. MasonSupreme Court of Iowa · 1863
- Leavitt v. MoweCourt of Appeals of Maryland · 1880