New Haven Steam Saw-Mill Co. v. Fowler
Supreme Court of Connecticut
Scire Facias. Boggs & Co., of the city of New York, recovered a judgment against the plaintiffs, in the superior court for New Haven county, and placed the execution issued thereon in the hands of the defendant, as sheriff of New Haven county, for collection. The plaintiffs paid the sheriff the amount of the execution, with his fees thereon, and he indorsed the execution as paid and satisfied.
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Scire Facias. Boggs & Co., of the city of New York, recovered a judgment against the plaintiffs, in the superior court for New Haven county, and placed the execution issued thereon in the hands of the defendant, as sheriff of New Haven county, for collection. The plaintiffs paid the sheriff the amount of the execution, with his fees thereon, and he indorsed the execution as paid and satisfied. Immediately after, and while the sheriff held the money, the *plaintiffs [ *104 ] brought an action of assumpsit against Boggs & Co., to recover dapiages for the negligence of'the defendants in towing a…
1Opinion of the CourtHinman, J.
The two questions which arise in this case are, first, whether a claim for unliquidated damages for the breach of a contract may be secured by our process of' foreign attachment; and secondly, whether money collected by the sheriff on an execution, is liable to be attached by this process, at [ *108 ] *'the suit of a creditor pf the party for whom- the money is collected. If these questions can both be answered affirmativSly, then, upon the facts of the case, the plaintiffs are entitled to judgment in their favor ; otherwise, the defendant should have judgment. The process is given tocreditors…
2Cases cited4 opinions
- Emerson v. GoodwinSupreme Court of Connecticut · 1833
- Bray v. Town of WallingfordSupreme Court of Connecticut · 1850
- Hurlburt v. HicksSupreme Court of Vermont · 1845
- Willes v. PitkinConnecticut Superior Court · 1764
3Cited by26 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- Goldberg v. ParkerSupreme Court of Connecticut · 1913
- Woodbury v. Sparrell PrintMassachusetts Supreme Judicial Court · 1905
- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
- Dunn v. MackeyCalifornia Supreme Court · 1889
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