Culver v. Hall
Supreme Court of Connecticut
IN ERROR. The original action was book debt, brought to the county court of New-Haven county, by Andrew J. Culver against Joel Hall 2d and others.
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IN ERROR. The original action was book debt, brought to the county court of New-Haven county, by Andrew J. Culver against Joel Hall 2d and others. The defendants pleaded the general issue, with notice of special matter to be given in evidence ; and the cause was tried in the county court, November term, 1849. On the trial, the defendants claimed to have proved, that before the commencement of this suit, the debt demanded in the declaration was secured in the hands of the defendants, by process of foreign attachment, to pay such judgment as Bur-det Cannon, a creditor of the present plaintiff,…
1Opinion of the Court
Church, Ch. J.
The proceeding, so long known to us, as a foreign attachment, was introduced into our system of jurisprudence, from a somewhat similar custom of London, as early as in the year 1726, by a statute entitled, “An act for the recovery of debts out of the estate or effects of absent and absconding debtors.” This statute, with various modifications, has continued, as a distinct statute, until the revision of 1849, when it was made part of the general act, “ For the regulation of Civil Actions.” The provision for attaching or securing debts, by this process, was not introduced until…
2Cited by1 opinion
- Sutherland v. BrownSupreme Court of Connecticut · 1911