Legal Opinion

Staples v. Fillmore

Supreme Court of Connecticut

Decided March 15, 1876PublishedCited by 6 opinions

Bill in Equity, for an injunction against the collection of a judgment and for the ascertainment of partnership interest in certain attached and receipted property; brought to the Superior Court in Windham County. The respondent demurred to the bill, and the court (Granger, J'.,') sustained the demurrer and dismissed the- bill. The petitioner then brought the case before this court by a motion in error. The facts are sufficiently stated in the opinion.

1Opinion of the CourtCarpenter, J.

The demurrer was properly sustained. The petitioner’s intestate receipted property in the usual form which was attached as the property of one Huntoon. He thereby obligated himself to return the property to the officer, pay the value thereof, or pay the amount of the judgment that might he recovered by the attaching creditor. Judgment was recovered and demand was made for the property. He refused to deliver the property, pay the value, or pay the amount of the judgment. The officer brought an action upon the receipt and recovered judgment. The object of this petition is to enjoin the officer…

2Cited by6 opinions

  1. Haxtun v. SizerSupreme Court of Kansas · 1880
  2. Wolf v. HahnSupreme Court of Kansas · 1882
  3. Case, Bishop & Co. v. D. M. Steele & Co.Supreme Court of Kansas · 1885
  4. Cermak v. SchaafIllinois Supreme Court · 1923
  5. Dejon v. StreetSupreme Court of Connecticut · 1906

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