Jencks v. Phelps
Supreme Court of Connecticut
This was an action against the defendant, as sheriff of the county of Hartford, for the escape of Henry Osborn from prison, on the 21st of June, 1820; he having been committed on an execution in favour of the plaintiff.
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This was an action against the defendant, as sheriff of the county of Hartford, for the escape of Henry Osborn from prison, on the 21st of June, 1820; he having been committed on an execution in favour of the plaintiff. The process was a summons, dated the 21st of June, 1820. The cause was tried at Hartford, February term, 1822, before Peters, J. The plaintiff’s writ, after it was completed, was delivered, by the justice who signed it, to the plaintiff, who put it into the hands of an officer for service, directing him not to serve it until further ordered. On the succeeding night, the…
1Opinion of the Court
Hosmer, Ch. J.
The question raised in this case, is, whether the escape alleged was anterior to the commencement of the action: and that depends on this inquiry; is the suing out of the writ, or the service of it, the commencement of the action?
Much unnecessary learning has been displayed on this point of practice. If the inquiry before the court is not novel, and we are not called on to originate a rule, the peculiar practice of Westminster-Hall, or of the neighbouring states, is of no importance. The point in controversy has been long established in this state; and the service of the writ…
2Cases cited2 opinions
- Parsons v. ElySupreme Court of Connecticut · 1818
- Clark v. SamuelSupreme Court of Connecticut · 1793
3Cited by17 opinions
- McGaffin v. RobertsSupreme Court of Connecticut · 1984
- Converse v. General Motors Corp.Court of Appeals for the Second Circuit · 1990
- Valley Cable Vision, Inc. v. Public Utilities CommissionSupreme Court of Connecticut · 1978
- Steele v. SteeleSupreme Court of Connecticut · 1868
- Spalding v. ButtsSupreme Court of Connecticut · 1825
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