Mix v. Page
Supreme Court of Connecticut
IN ERROR. This was an action of debt, brought by John G. Pagó against Silas Mix, Esq., on a recognizance for prosecution, given by the latter, in an action* pending in the county court of New-Haven county, in favour of Ichabod Umberjield, -against said Page.
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IN ERROR. This was an action of debt, brought by John G. Pagó against Silas Mix, Esq., on a recognizance for prosecution, given by the latter, in an action* pending in the county court of New-Haven county, in favour of Ichabod Umberjield, -against said Page. The declaration alleged, that the defendant personally appeared before said court, on the third Tuesday of March, 1835, and acknowledged himself bound to the defendant in said cause, in a recognizance, in the sum of 140 dollars, conditioned that the said Umberjield, the plaintiff in said cause, should prosecute his said action to effect,…
1Opinion of the CourtChurch, J.
This suit is prosecuted against the bondsman in a bond of recognizance, for the prosecution of an action of Umberfield against Page.
The defendant objected to the sufficiency of the declaration, and chiefly, because it is not averred therein, that the costs adjudged against Umberfield could not be had out of his estate. It is probable there may not have been uniformity of practice in this state, in the manner of declaring in actions upon bonds for prosecution; yet upon general principles of the law of pleading, we believe this declaration to be sufficient.
This is an action at common law, upon…
2Cases cited1 opinion
- Welton v. ScottSupreme Court of Connecticut · 1823
3Cited by6 opinions
- L. Gilbert Cohen v. Curtis Publishing Company, Curtis Circulation Company, Cowles Magazines, Inc., and the Hearst CorporationCourt of Appeals for the Eighth Circuit · 1964
- Mosier v. Federal Reserve Bank of New YorkCourt of Appeals for the Second Circuit · 1942
- United Surety Co. v. SummersCourt of Appeals of Maryland · 1909
- Bradley v. VailSupreme Court of Connecticut · 1880
- State v. BelangerSupreme Court of Connecticut · 1961
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