Edmonds v. Buel
Supreme Court of Connecticut
This was an action of trespass, for taking and carrying away the plaintiff’s wagon. The cause was tried to the jury, before the county court for Middlesex county, at the December term, 1853. On the trial, the defendant, in justification of the acts complained' of, • offered in evidence a writ of attachment, directed to- him as an indifferent person, and returnable before a justice of the peace, by virtue of which, he took the property in. question.
Read the full summary
This was an action of trespass, for taking and carrying away the plaintiff’s wagon. The cause was tried to the jury, before the county court for Middlesex county, at the December term, 1853. On the trial, the defendant, in justification of the acts complained' of, • offered in evidence a writ of attachment, directed to- him as an indifferent person, and returnable before a justice of the peace, by virtue of which, he took the property in. question. To the admission of this evidence the plaintiff objected, upon the sole ground, that the defendant had not made oath to the truth of his…
1Opinion of the CourtWaite, J.
The defendant, in the present ease, is charged with a trespass in taking the plaintiff’s property, which he attached, upon a writ, directed to him, as an indifferent person. The only objection made to the legality of his proceedings is, that he did not make oath to the truth of his endorsement, before judgment in the suit was rendered.
The statute, authorizing the service of writs by an indifferent person, does not require such oath, to render the doings legal. It is not so with respect to the oath required of the plaintiff, as to the necessity for directing a writ to an indifferent person.…
2Cited by1 opinion
- McGann v. SloanSupreme Court of Connecticut · 1902