Magie v. Stoddard
Supreme Court of Connecticut
This was an action of book debt originally brought before a justice of the peace for the county of New Haven. The writ was served by one Charles R. Wheadon as con» stable of the town of New Haven.
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This was an action of book debt originally brought before a justice of the peace for the county of New Haven. The writ was served by one Charles R. Wheadon as con» stable of the town of New Haven. The defendant before the justice pleaded in abatement that the writ was not otherwise served than by Charles E. Wheadon, who undertook to serve the same on the 9th day of December, 1856, as a constable of the town of New Haven, but who, on the first Monday of April,'1856, had been elected by the electors of said town a justice of the peace for two years from the fourth day of July, 1856, and had…
1Opinion of the CourtHinman, J.
The defendant in this case pleads in abatement, that the officer who undertook to serve the writ as a constable of New Haven, had, a few months previous to his election as such constable, been duly elected and qualified as a justice of the peace, and on this ground it is claimed that he could not by law hold the office of constable, and therefore his attempted service of the writ is no service, and the same should abate and be dismissed. The replication sets up the attempts of the officer to resign hi§ office of justice of the peace, in various ways, before he was qualified as a constable.…
2Cited by13 opinions
- Howard v. HarringtonSupreme Judicial Court of Maine · 1916
- State Ex Rel. Metcalf v. GoffSupreme Court of Rhode Island · 1887
- Stubbs v. LeeSupreme Judicial Court of Maine · 1874
- Oliver v. Mayor of Jersey CitySupreme Court of New Jersey · 1899
- State ex rel. Crawford v. AndersonSupreme Court of Iowa · 1912
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