Legal Opinion

McLoud v. Selby

Supreme Court of Connecticut

Decided June 15, 1835PublishedCited by 9 opinions

IN ERROR. This was an action of assumpsit on a receipt of property taken on execution, given by Anson McLoud and Henry Gates, to William Selby, jun., the officer.

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IN ERROR. This was an action of assumpsit on a receipt of property taken on execution, given by Anson McLoud and Henry Gates, to William Selby, jun., the officer. The declaration alleged, That at the term of the Hartford county court, holden on the fourth Tuesday of March, 1834, Solomon E. Miller recovered judgment against the South-East School District in the first school society in the town of Hartland, for the sum of 83 dollars, 21 cents, damages, and 6 dollars, 91 cents, costs of suit; that he took out execution on such judgment, and delivered it to the plaintiff, then a constable of the…

1Opinion of the CourtBiss ell, J.

Upon this writ of error, which comes here for our advice, three questions are presented for decision.

1. Is a school district liable to be sued?

2. May the property of an individual corporator be taken to satisfy the judgment against the district ?

3. Gan the judgment be impeached, by the individual, whose property is so taken ?

It has, indeed, been contended, that the declaration is insufficient, inasmuch as it is not alleged, that McLoud was a member of the district, at the time when the judgment was rendered.

With regard to this exception, it is only necessary to observe, that it was not taken…

2Cases cited7 opinions

  1. Beckwith v. AngellSupreme Court of Connecticut · 1823
  2. Atwater v. Town of WoodbridgeSupreme Court of Connecticut · 1826
  3. Inhabitants of Brewer v. Inhabitants of New GloucesterMassachusetts Supreme Judicial Court · 1817
  4. Whitney v. First Ecclesiastical Society in BrooklynSupreme Court of Connecticut · 1824
  5. Picket v. AllenSupreme Court of Connecticut · 1834

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
  2. Ward v. County of HartfordSupreme Court of Connecticut · 1838
  3. First National Bank v. Board of Public InstructionSupreme Court of Florida · 1927
  4. Fairfield County Turnpike Co. v. ThorpSupreme Court of Connecticut · 1839
  5. Wood v. Hartford Fire Insurance Co.Supreme Court of Connecticut · 1839

4 more not listed; retrieve them via the Exa API.

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