Legal Opinion

Starr v. Scott

Supreme Court of Connecticut

Decided June 15, 1831PublishedCited by 12 opinions

IN ERROR. This was an action against the plaintiff in error, as sheriff of the county of Fairfield, for the escape from gaol of Hezekiah Newman, committed on an execution in favour of the defendant in error.

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IN ERROR. This was an action against the plaintiff in error, as sheriff of the county of Fairfield, for the escape from gaol of Hezekiah Newman, committed on an execution in favour of the defendant in error. On the trial in the county court, under the plea of Not guilty, the original defendant gave in evidence the petition of Newman, and the proceedings thereon before the superior court, for the benefit of the act relating to insolvent debtors, and the certificate of the commissioners. The latter was in these words: “Whereas the subscribers were appointed, by the Hon. superior court for…

1Opinion of the CourtBissell, J.

The question in this case depends entirely on the validity of the certificate, in virtue of which, Newman, the debtor, was discharged from prison: and in order to a determination of, this question, it may be necessary to bring into view the statutes, prescribing the powers and duties of the commissioners, and also the effect which is to be given to their certificate.

The act of 1811, after providing for the appointment of commissioners, and the assignment of his property, by the insolvent debtor, enacts, that “If, in the opinion of the commissioners, such insolvent shall have made a fair and…

2Cases cited2 opinions

  1. Grumon v. RaymondSupreme Court of Connecticut · 1814
  2. Case v. HumphreySupreme Court of Connecticut · 1826

3Cited by12 opinions

  1. Mayer v. AdamsWest Virginia Supreme Court · 1885
  2. Pittsburgh, Wheeling & Kentucky R. R. v. ApplegateWest Virginia Supreme Court · 1882
  3. Hutchins v. JohnsonSupreme Court of Connecticut · 1837
  4. Munger v. Elizabeth DoolanSupreme Court of Connecticut · 1903
  5. West School District v. MerrillsSupreme Court of Connecticut · 1838

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