Reed v. Tousley
Supreme Court of Connecticut
Error to reverse a judgment of the County Court, in an action brought by Heed as constable against Tousley et al. declaring, that he had an execution in favor of David Buel, against Lewis Delavergne, for £58, dated 27tb April, A. D. 1790, which lie levied on eight oxen belonging to said De-lavergne, and posted them, etc. that the defendants received said oxen to keep and redeliver on the 15th of June, A. D. 1790, as by their receipt in writing by them executed ready to be…
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Error to reverse a judgment of the County Court, in an action brought by Heed as constable against Tousley et al. declaring, that he had an execution in favor of David Buel, against Lewis Delavergne, for £58, dated 27tb April, A. D. 1790, which lie levied on eight oxen belonging to said De-lavergne, and posted them, etc. that the defendants received said oxen to keep and redeliver on the 15th of June, A. D. 1790, as by their receipt in writing by them executed ready to be produced in court appears. And that the defendants never delivered said oxen, etc. Plea in bar — That although it be true,…
1Opinion of the Court
Adams and Root, JJ.,
dissented from the opinion of the court, for the following reasons, viz. It appears that the plaintiff was a lawful officer, and had in his hands a lawful writ of execution in favor of David Buel against sajd Delavergne, which he was bound by law to execute; that he levied said execution on eight oxen, belonging to said Delavergne and posted them as the law directs; and that he delivei’ed said oxen to the defendants, to keep and redeliver to him- on the 15th of June A. D. 1790 and took their receipt and promise in writing for the same; the giving of the receipt is admitted…
2Cited by3 opinions
- Newell v. HoadleySupreme Court of Connecticut · 1831
- Hall v. WhiteSupreme Court of Connecticut · 1858
- Stevens v. CurtissSupreme Court of Connecticut · 1820