Burrows v. Stoddard
Supreme Court of Connecticut
A new trial having been granted, pursuant to the decision of this Court, ante 160. 165. the cause was again tried in New-London county, September term, 1820, before Chapman, J. On the 24th of December, 1817, the plaintiff prayed out a lawful writ of attachment against William Hempstead, which, the next day, he put into the hands of Stephen Haley, then a constable of the town of Groton, with directions to serve it, and to return it to the county court, then next to be holden…
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A new trial having been granted, pursuant to the decision of this Court, ante 160. 165. the cause was again tried in New-London county, September term, 1820, before Chapman, J. On the 24th of December, 1817, the plaintiff prayed out a lawful writ of attachment against William Hempstead, which, the next day, he put into the hands of Stephen Haley, then a constable of the town of Groton, with directions to serve it, and to return it to the county court, then next to be holden at New-London, on the first Tuesday oí March, 1818. Haley. found the property in dispute, viz. certain cattle, on a farm…
1Opinion of the CourtChapman, J.
The several questions of law, in this case, arise out of the charge of the judge on the circuit.
1. The defendant claims, that if the property in question, after it was attached, was left in the possession of the debtor, the attachment was void ; and that the judge should have so charged the jury,
*4342. That, admitting the attachment to have been valid, still, as no demand was ever made, by the attaching creditor, within sixty days after the rendition of the judgment, he, the plaintiff, could recover but nominal damages.
There can be no doubt, that it is the duty of the officer attaching personal…
2Cases cited7 opinions
- Hamilton v. RussellSupreme Court of the United States · 1803
- Ladd v. NorthMassachusetts Supreme Judicial Court · 1807
- Putnam v. DutchMassachusetts Supreme Judicial Court · 1811
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- Warren v. LelandMassachusetts Supreme Judicial Court · 1812
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- Osborne v. TullerSupreme Court of Connecticut · 1842
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- Toby v. ReedSupreme Court of Connecticut · 1832
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