Legal Opinion

Higgins v. Russo

Supreme Court of Connecticut

Decided August 1, 1899PublishedCited by 6 opinions

Action by a deputy-sheriff to recover the amount of a judgment against him for a wrongful attachment directed by the defendant, brought to the Court of Common Pleas in New Haven County and tried to the court, Studley, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.

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Action by a deputy-sheriff to recover the amount of a judgment against him for a wrongful attachment directed by the defendant, brought to the Court of Common Pleas in New Haven County and tried to the court, Studley, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The complaint contained two counts: the first, for indemnity for the amount paid by plaintiff to satisfy a judgment against him for having attached certain goods at the direction of the defendant; and the second, for his fees as an officer in the…

1Opinion of the CourtHall, J.

The trial court rendered judgment against the defendant for the amount which the plaintiff had been required to pay to satisfy a judgment against him for having, as a deputy-sheriff, attached certain goods under a writ placed in his hands for service by the defendant as an attorney at law.

This judgment is claimed to be erroneous upon three grounds: first, that the defendant, being an attorney at law, and known by the plaintiff, to have been acting as such, did .not, by delivering to him as an officer a writ of attachment with directions to take particular goods as the property of the debtor,…

2Cases cited3 opinions

  1. Nash v. SmithSupreme Court of Connecticut · 1827
  2. Heath v. BatesSupreme Court of Connecticut · 1881
  3. Stoyel v. CadySupreme Court of Connecticut · 1810

3Cited by6 opinions

  1. Atkinson v. BerloniConnecticut Appellate Court · 1990
  2. Grievance Comm. of Bar of New Haven Cty. v. SinnSupreme Court of Connecticut · 1941
  3. C. C. Plumb Mixes, Inc. v. StoneSupreme Court of Rhode Island · 1971
  4. Chatman v. MillisSupreme Court of Arkansas · 1975
  5. Chatman v. MillisSupreme Court of Arkansas · 1975

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