Newell v. Hoadley
Supreme Court of Connecticut
This was an action on the case against the defendant, as sheriff of Hartford county, for neglecting and refusing to assign and deliver to the plaintiff a bail bond, executed, in April 1829, by Benjamin H. Norton as principal, and Oliver E. Williams, as surety.
Read the full summary
This was an action on the case against the defendant, as sheriff of Hartford county, for neglecting and refusing to assign and deliver to the plaintiff a bail bond, executed, in April 1829, by Benjamin H. Norton as principal, and Oliver E. Williams, as surety. The declaration stated, That on the 30th of April 1829, B. H. Norton being indebted to the plaintiff, by a certain promissory note, in the sum of 210 dollars, 97 cents, the plaintiff, for the recovery of such debt, prayed out a writ of attachment against Norton, and delivered it to the defendant, then and ever since sheriff of the…
1Opinion of the CourtDaggett, J.
The first question to be considered, is, whether Norton was a competent witness for the defendant, on the trial of this cause to the jury. The only objection to him was, a supposed interest in the event of this suit. It is impossible for me to see any interest in this witness. He is liable, at all events, for the debt and costs of the judgment,—the amount of the execution. This liability cannot, in any way, be affected, by this process, or any judgment which may be rendered thereon. The counsel for the plaintiff, when pressed to show his interest, finally point to his liability to indemnify…
2Cases cited2 opinions
- Bacon v. NortonSupreme Court of Connecticut · 1811
- Reed v. TousleySupreme Court of Connecticut · 1792
3Cited by5 opinions
- Thornton v. LaneSupreme Court of Georgia · 1852
- Crosby v. FitchSupreme Court of Connecticut · 1838
- Brandon Iron Co. v. GleasonSupreme Court of Vermont · 1852
- Beebe v. GardnerSupreme Court of Connecticut · 1835
- Eldridge v. BellowsSuperior Court of New Hampshire · 1814