Levy v. Metropolis Manufacturing Co.
Supreme Court of Connecticut
Action to restrain the defendants from levying an execution issued by a justice of the peace, brought to the Court of Common Pleas in Hew Haven County where the plaintiffs’ demurrer to the defendants’ plea in abatement was sustained (,Studley, J,.) and the cause was afterwards tried to the court, Subbard, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendants for alleged errors in the rulings and findings of the court.
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Action to restrain the defendants from levying an execution issued by a justice of the peace, brought to the Court of Common Pleas in Hew Haven County where the plaintiffs’ demurrer to the defendants’ plea in abatement was sustained (,Studley, J,.) and the cause was afterwards tried to the court, Subbard, J.; facts found and judgment rendered for the plaintiffs, and appeal by the defendants for alleged errors in the rulings and findings of the court. The plaintiffs were pawnbrokers and dealers in second-hand goods. The defendant J. Peter Dejon was a deputy-sheriff, and the Metropolis…
1Opinion of the CourtHamebsley, J.
The cause of abatement alleged in the plea of the defendant corporation is defective service, and the particular cause is thus stated : Said writ was not otherwise served on the defendant corporation than by leaving a copy of the same with said defendant’s secretary on the 24th day of April, 1899, and “ six weeks and one day, instead of six weeks, before the first Tuesday of June, 1899, to which said writ was made returnable.” There is no other allegation.
Under the statute applicable to this case, service could legally be made more than six weeks before the return day, if that return day were…
2Cases cited2 opinions
- Budd v. Meriden Electric RailroadSupreme Court of Connecticut · 1897
- Hill, Trustee v. BuechlerSupreme Court of Connecticut · 1900
3Cited by2 opinions
- Worden v. Gore-Meenan Co.Supreme Court of Connecticut · 1910
- Fordiani's Petition for NaturalizationSupreme Court of Connecticut · 1923