Doane v. Cummins
Supreme Court of Connecticut
IN ERROR. This was an action on the statute to prevent vexatious suits, brought by Cummins against Doane, alleging, That the defendant, on the 29th of October, 1833, in the name of Abby Coone, commenced against the plaintiff, without probable cause, with a malicious intent unjustly to vex the plaintiff, an action of book debt, by writ of attachment, returnable to the county court of Windham county, held at Brooklyn, on the second Tuesday of December, 1833, demanding sixty…
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IN ERROR. This was an action on the statute to prevent vexatious suits, brought by Cummins against Doane, alleging, That the defendant, on the 29th of October, 1833, in the name of Abby Coone, commenced against the plaintiff, without probable cause, with a malicious intent unjustly to vex the plaintiff, an action of book debt, by writ of attachment, returnable to the county court of Windham county, held at Brooklyn, on the second Tuesday of December, 1833, demanding sixty dollars damages; that the defendant, with the same malicious intent to vex the plaintiff, caused said writ to be served…
1Opinion of the CourtWaite, J.
The statute upon which the original action was brought, provides, that the offender “sh all be liable to pay treble damages to the party injured, and be fined the sum of seven dollars for the use of the treasury of the county where the of-fence was committed." It is claimed, that the suit was erroneously brought, because the plaintiff ought to have sued for the fine as well as the damages. But this claim is unfounded-The injured party was under no obligation to sue for the fine in which he had no interest. There is no necessary connexion between the damages given to the injured party, and the…
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- United States Bank v. BinneyU.S. Circuit Court for the District of Massachusetts · 1828
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3Cited by6 opinions
- Stone v. StevensSupreme Court of Connecticut · 1837
- Bryan v. Town of BranfordSupreme Court of Connecticut · 1882
- Hurlburt v. BussemeySupreme Court of Connecticut · 1924
- Stirling v. BuckinghamSupreme Court of Connecticut · 1878
- Williams v. Hartford & New-Haven Rail-RoadSupreme Court of Connecticut · 1839
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