Smith v. Brockett
Supreme Court of Connecticut
Action of replevin to recover the possession of a stock of hoots and shoes, brought to the Superior Court in New Haven County and tried to the court, Thayer, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.
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Action of replevin to recover the possession of a stock of hoots and shoes, brought to the Superior Court in New Haven County and tried to the court, Thayer, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The finding stated the following facts:—Upon the 21st day of February, 1895, the goods replevied were the property of Lewis Harris, of Boston, Massachusetts, who was then engaged in the retail shoe business in East Boston, and constituted his entire stock in trade. On that day he sold and delivered them to…
1Opinion of the CourtBaldwin, J.
The leading provisions of the Practice Act do not apply to actions of replevin, and the statute authorizes a plea of “ the general issue, with or without notice, as may be necessary.” General Statutes, §§ 905,1330. Under such a plea, any evidence which goes to meet the plaintiff’s allegations that the goods in question were his property, of which he was entitled to the immediate possession, and that the defendant has wrongfully detaiued them from him, is relevant and admissible, subject to the statutory rule as to notice contained in the Revision of 1875 (p. 524), Title 19, Chap. 7, § 10. It…
2Cases cited4 opinions
- Walbrun v. BabbittSupreme Court of the United States · 1873
- Erwin v. EnglishSupreme Court of Connecticut · 1892
- Knower v. Cadden Clothing Co.Supreme Court of Connecticut · 1889
- Curtis v. GillSupreme Court of Connecticut · 1867
3Cited by8 opinions
- Shailer v. BullockSupreme Court of Connecticut · 1905
- Adams v. StenehjemMontana Supreme Court · 1915
- Gillespie v. GallantConnecticut Superior Court · 1963
- Dart v. MecumConnecticut Superior Court · 1955
- State v. MobleyConnecticut Superior Court · 1993
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