Backus v. Danforth
Supreme Court of Connecticut
This was an action on the case against the defendant, a constable of the town of Neic-London, for not delivering certain goods by him attached in a suit brought by the plaintiffs against Marvin Fargo ; alleging, that the plaintiffs obtained judgment and execution in such suit ; which execution was put into the hands of Barrel Lathrop, a deputy sheriff, who demanded of the defendant the goods so attached ; and that the defendant refused to deliver them, &c.
Read the full summary
This was an action on the case against the defendant, a constable of the town of Neic-London, for not delivering certain goods by him attached in a suit brought by the plaintiffs against Marvin Fargo ; alleging, that the plaintiffs obtained judgment and execution in such suit ; which execution was put into the hands of Barrel Lathrop, a deputy sheriff, who demanded of the defendant the goods so attached ; and that the defendant refused to deliver them, &c. The defendant pleaded the general issue ; and the jury found a special verdict; by which it appeared, that the plaintiffs’ writ against…
1Opinion of the CourtWilliams, J.
The matters upon which the defendant relies for his justification, are the proceedings on the previous attachment ; and if those proceedings have been regular, he has made a good defence.
The plaintiffs claim, that they have not been regular; because the writ was sued out before the note was due; and because the return upon the execution is not such as the law requires, to protect the officer who makes it.
Under the first objection, the plaintiffs claim, that the note is one, which, by law, was entitled to three days of grace ; that this appeared on the face of the writ; and that, therefore,…
2Cases cited5 opinions
- Norton v. LewisSupreme Court of Connecticut · 1818
- Huntington v. HarveySupreme Court of Connecticut · 1821
- Picket v. AllenSupreme Court of Connecticut · 1834
- Downing v. BackenstoesNew York Supreme Court · 1805
- Lyon v. SummersSupreme Court of Connecticut · 1829
3Cited by3 opinions
- Curtiss v. HazenSupreme Court of Connecticut · 1887
- Mason v. Fractional School District No. 1Michigan Supreme Court · 1876
- M-A-C Loan Plan, Inc. v. SchabelConnecticut Appellate Court · 1969