Beach v. Elliott
Supreme Court of Connecticut
Debt on a recognizance as special bail for one Charles 0. Dolph; brought by appeal from a justice of the peace to the Court of Common Pleas for New Haven County, and tried to the court, on the general issue with notice, before Stoddard, J. Facts found and judgment rendered for the defendant, and motion for a new trial by the plaintiff. The case is sufficiently stated in the opinion.
1Opinion of the CourtGranger, J.
The questions in this case are—first, whether the officer used due diligence in the service of the execution against the debtor Dolph; second, whether the latter avoided service.
The facts are that judgment was rendered against Dolph in an action for fraud on the 16th of February, 1876, the defendant having entered into a recognizance of special bail as surety for him. The parties, except Dolph, who resided in Guilford, all resided in Branford. The sheriff, who subsequently served the execution, and the plaintiff Beach were informed on the day when judgment was rendered against Dolph, that he…
2Cases cited1 opinion
- Beebe v. GardnerSupreme Court of Connecticut · 1835
3Cited by1 opinion
- Eldridge v. BellowsSuperior Court of New Hampshire · 1814