Town of Norwalk ex rel. Fawcett v. Ireland
Supreme Court of Connecticut
Action upon the official bond of a constable to recover damages for an alleged trespass, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J., upon the defendants’ demurrer to the complaint; the court overruled the demurrer and thereafter the case was tried, upon the defendants’ denial, to the court, Downs, J., who found the facts and rendered judgment for the plaintiff, and the defendants appealed for alleged errors in the rulings of…
Read the full summary
Action upon the official bond of a constable to recover damages for an alleged trespass, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J., upon the defendants’ demurrer to the complaint; the court overruled the demurrer and thereafter the case was tried, upon the defendants’ denial, to the court, Downs, J., who found the facts and rendered judgment for the plaintiff, and the defendants appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. This> demurrer should have been sustained. The law on this…
1Opinion of the CourtFenn, J.
This is an action brought against a constable and the two sureties upon his official bond, to recover damages for the act of such constable in attaching the property of the plaintiff, in a suit against the plaintiff’s wife, to which suit the plaintiff himself was not a party. The Court of Common Pleas in Fairfield county rendered judgment in the present suit in favor of the plaintiff, against all of the defendants, for substantial damages. The appeal presents-three reasons material for us to examine:—
First. It is claimed that the court erred in overruling the demurrer to the complaint, of the…
2Cases cited12 opinions
- Buck v. ColbathSupreme Court of the United States · 1866
- Lammon v. FeusierSupreme Court of the United States · 1884
- Morgan v. FarrelSupreme Court of Connecticut · 1890
- State v. StaubSupreme Court of Connecticut · 1892
- Griswold v. JohnsonSupreme Court of Connecticut · 1824
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dolan v. DolanSupreme Court of Connecticut · 1928
- Neff v. NeffSupreme Court of Connecticut · 1921
- Johnson v. Williams' Admr.Court of Appeals of Kentucky · 1901
- Cunningham v. CunninghamSupreme Court of Connecticut · 1899
- C. I. T. Corporation v. MeyersSupreme Court of Connecticut · 1942
7 more not listed; retrieve them via the Exa API.