Legal Opinion

Taintor v. Williams

Supreme Court of Connecticut

Decided July 15, 1828PublishedCited by 14 opinions

This was an action of trespass de bonis asportatis; tried'at Norwich, January term 1828, before Lanman, J. On the 8th of May, 1827, the plaintiff, a deputy sheriff, by-virtue of a writ of attachment against Joseph C. Beckwith, took the goods mentioned in the declaration, mostly articles Qf household furniture, in the house occupied by Beckwith and pi!t jn tjje cust0(]y of one Chappell, without otherwise removing them from the possession of the debtor.

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This was an action of trespass de bonis asportatis; tried'at Norwich, January term 1828, before Lanman, J. On the 8th of May, 1827, the plaintiff, a deputy sheriff, by-virtue of a writ of attachment against Joseph C. Beckwith, took the goods mentioned in the declaration, mostly articles Qf household furniture, in the house occupied by Beckwith and pi!t jn tjje cust0(]y of one Chappell, without otherwise removing them from the possession of the debtor. On the next day, the plaintiff requested Francis Jones to take charge of the goods ; who did so, and had the custody of them until the 10th of…

1Opinion of the Court

Hosmer, Ch. J

From the detail of facts, in this case, it appears, that after the property was attached, it was suffered to remain in the house occupied by the debtor and others, six days, and, a part of the time, in the room wherein he resided ; that two days, viz. from the 10th to the 12th, it was not in the custody of any one ; and that two days more, that is, from the 12th to the 14th, it was not in the actual possession of Jones, or under his oversight, nor in the actual possession of any person. Nor is the slightest necessity for this conduct made to appear. It is not stated, that the…

2Cases cited2 opinions

  1. Burrows v. StoddardSupreme Court of Connecticut · 1819
  2. Chancellor v. PhillipsSupreme Court of the United States · 1800

3Cited by14 opinions

  1. Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
  2. Mills v. CampSupreme Court of Connecticut · 1841
  3. Knox v. BinkoskiSupreme Court of Connecticut · 1923
  4. Danforth, Davis & Co. v. CarterSupreme Court of Iowa · 1856
  5. Green v. HooperNevada Supreme Court · 1917

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