Osgood v. Carver
Supreme Court of Connecticut
Trespass for taking and carrying away a quantity of cotton yarn, with a count in trover; brought to the Superior Court in New London County. The defendants were George W. Carver, Thomas Pray, Jr., and Fernando 0. Jacques.
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Trespass for taking and carrying away a quantity of cotton yarn, with a count in trover; brought to the Superior Court in New London County. The defendants were George W. Carver, Thomas Pray, Jr., and Fernando 0. Jacques. They jointly pleaded the general issue, with notice that evidence would be offered that the defendant Carver took the yarn in question as an officer in service of a writ of replevin in favor of the defendant Pray, and that Pray, through Jacques as his agent, had procured the writ of replevin, and that Jacques as such agent, had directed and assisted in the taking of the…
1Opinion of the Court
Poster, J.*
The defendants justify the trespass complained of, under a writ of replevin, which directed the taking of the property in question. The plaintiff claims that that writ was void on its face. Yoid process, of course, is no protection for acts done under it; the party serving it is in the position of a mere wrong-doer. There are some informalities in this process, but we are clearly of opinion that it is not void.
The question then is, how far, if at all, does this process, *29which we recognize as valid, afford protection, to the defendants for the acts done ?
And first, as to the…
2Cases cited2 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Cannon v. SipplesSupreme Court of Connecticut · 1873
3Cited by4 opinions
- McGann v. AllenSupreme Court of Connecticut · 1926
- State v. CeseroSupreme Court of Connecticut · 1959
- Anderson v. DeweySupreme Court of Connecticut · 1917
- Hett v. Boston & Maine RailroadSupreme Court of New Hampshire · 1897