Bulkley v. Finch
Supreme Court of Connecticut
Debt on a bail-bond executed to the plaintiff as sheriff, brought to the Superior Court in Fairfield County, and tried to the jury before Sanford, J. The declaration, after describing a judgment obtained by one Charles Albin against the defendant Curtis Finch and others, and averring that the body of the said Curtis Finch was on the 17th day of January, 1867, taken by the officer on the execution issued on the judgment and committed to jail, proceeded as follows: “ And that…
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Debt on a bail-bond executed to the plaintiff as sheriff, brought to the Superior Court in Fairfield County, and tried to the jury before Sanford, J. The declaration, after describing a judgment obtained by one Charles Albin against the defendant Curtis Finch and others, and averring that the body of the said Curtis Finch was on the 17th day of January, 1867, taken by the officer on the execution issued on the judgment and committed to jail, proceeded as follows: “ And that the said Curtis Finch was afterwards, to wit, on the 29th day of January, 1867, by reason of his arrest and commitment…
1Opinion of the CourtCarpenter, J.
The first question in this case arises on the motion in error. The claim is that the court erred in overruling the motion in arrest of judgment. The ground of that motion was that the declaration is insufficient. The alleged insufficiency consists in the want of an averment that a demand or request was made of the defendants to pay the money named in the bond declared on; and also in the want of an averment that a reasonable time for the payment of the money had elapsed before the commencement of this suit. By looking at the declaration it will be seen that the pleader, instead of declaring…
2Cases cited2 opinions
- Seymour v. HarveySupreme Court of Connecticut · 1830
- Allen v. GleasonSupreme Court of Connecticut · 1810
3Cited by2 opinions
- Chasnoff v. PortoSupreme Court of Connecticut · 1953
- Geddes v. SibleySupreme Court of Connecticut · 1932