Legal Opinion

Armstrong v. Ayres

Supreme Court of Connecticut

Decided June 15, 1849PublishedCited by 10 opinions

This was an action founded on the statute of 1842, entitled, “An Act to abolish imprisonment for debt.” The declaration contained two counts.

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This was an action founded on the statute of 1842, entitled, “An Act to abolish imprisonment for debt.” The declaration contained two counts. In the first, it was alleged, that on the 21st of February, 1846, the defendant was justly indebted to the plaintiff, in the sum of 776 dollars, 25 cents, by two promissory notes, one for 398 dollars, 12 cents, the other for the sum of 398 dollars, 13 cents, which notes have never been paid ; that the defendant, intending to defraud the plaintiffs, and to prevent them from ever recovering said debt, by legal process or otherwise, fraudulently and…

1Opinion of the Court

Church, Ch. J.

If the views of the defendant, of the nature of this action and the true character of this declaration, are correct; and if, as he claims, the proceedings under it, should have been regulated by the statute of 1838, “ Abol*545ishing imprisonment for debt,” then the officer serving this process, had no right to exact this bail bond : it would be. void, and the motion here filed, by himself and his bail, should prevail, and the defendant be permitted to plead to the action, without special bail. If the defendant is entitled to any relief under the law, we discover no objection to the…

2Cases cited1 opinion

  1. Stoyel v. WestcottSupreme Court of Connecticut · 1807

3Cited by10 opinions

  1. Allen v. LynessSupreme Court of Connecticut · 1909
  2. Allen v. WoodruffSupreme Court of Connecticut · 1893
  3. Pease v. Charlotte Hungerford HospitalSupreme Court of Connecticut · 2017
  4. Cowles v. DaySupreme Court of Connecticut · 1862
  5. Goo Yee v. RosenbergHawaii Supreme Court · 1913

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