Day v. Welles
Supreme Court of Connecticut
Bill in equity. The bill alleged that the respondent, as executor of John M. Niles, on the 18th of March, 1858, brought to the superior court for Hartford County an action at law against the Tunxis Company, a joint stock company located at Windsor in this state, and factorized the petitioner as the debtor of the company, claiming damages in the writ to the amount of $4,000 : that the petitioner appeared in the suit as garnishee by counsel retained by him for the purpose ;…
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Bill in equity. The bill alleged that the respondent, as executor of John M. Niles, on the 18th of March, 1858, brought to the superior court for Hartford County an action at law against the Tunxis Company, a joint stock company located at Windsor in this state, and factorized the petitioner as the debtor of the company, claiming damages in the writ to the amount of $4,000 : that the petitioner appeared in the suit as garnishee by counsel retained by him for the purpose ; that at a later term of the court a hearing was had before the court upon the question of his indebtedness to the…
1Opinion of the CourtButler, J.
The only question raised on this motion in error is, whether the facts alleged in the bill and admitted by the demurrer entitled the petitioner to the relief sought.
The material allegations relied upon show that the petitioner was garnisheed by the respondent as the supposed debtor of the Tunxis Company, and cited to appear and disclose ; that the petitioner employed counsel to defend against the claim, and appeared and disclosed, and was found not indebted by the court; that he was subsequently served with a copy of a scire facias, and, ignorant of the forms of proceeding in such cases,…
2Cases cited1 opinion
- Sherwood v. StevensonSupreme Court of Connecticut · 1857
3Cited by12 opinions
- Hayden v. R. Wallace & Sons Manufacturing Co.Supreme Court of Connecticut · 1923
- Palverari v. FintaSupreme Court of Connecticut · 1942
- Dudley v. HullSupreme Court of Connecticut · 1927
- Winchell v. SangerSupreme Court of Connecticut · 1900
- Diblasi v. DiblasiSupreme Court of Connecticut · 1932
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