Bissell v. Spencer
Supreme Court of Connecticut
This was an action of debt on certain judgments of the superior court, brought by Isaac Spencer, Esq., describing himself as treasurer of the state of Connecticut, against Clark Bis-sell, Esq., executor of the last will of Isaac Bishop, deceased.
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This was an action of debt on certain judgments of the superior court, brought by Isaac Spencer, Esq., describing himself as treasurer of the state of Connecticut, against Clark Bis-sell, Esq., executor of the last will of Isaac Bishop, deceased. The judgments set forth in the declaration were the following: 1. on an information against Bishop for adultery, sentencing him to imprisonment in the Connecticut state prison, for the term of five years, and to pay the costs of prosecution, taxed at 158 dollars, 41 cents ; 2. on an indictment for putting arsenic into the well of Holly Bell, with…
1Opinion of the Court
IIosmer, Ch. J.
The objection made is, that the plaintiff has no interest in the cause of action, and of consequence, has no right of suit.
In respect of the costs for prosecution, there is no adjudication that they are to be paid into the state treasury ; and if lite plaintiff has any right to demand them, it is from implication *278only. The fines are made payable to the treasurer, for the use of the state's treasury ; and from this expression it is contended by the plaintiff, that he has an interest in them, explicitly created by the judgments.
A person authorized to sue in a court of law, must…
2Cases cited3 opinions
- Gilmore v. PopeMassachusetts Supreme Judicial Court · 1809
- Bainbridge v. DownieMassachusetts Supreme Judicial Court · 1810
- Spencer v. HuntingtonSupreme Court of Connecticut · 1826
3Cited by13 opinions
- Coker v. HayesSupreme Court of Florida · 1878
- State v. DoeSupreme Court of Connecticut · 1962
- Mendez v. DormanSupreme Court of Connecticut · 1963
- Yarborough v. MossSupreme Court of Alabama · 1846
- Hulk v. AishbergSupreme Court of Connecticut · 1940
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