Bowler v. Eldredge
Supreme Court of Connecticut
.This was an action of trespass for illegally seizing the brig Joseph Gorham, and taking her from the plaintiffs, who, on the 15th of September 1843, as constable of the town of Da-rien, had attached that vessel in sundry suits against Elisha■ Seeley and Lewis Waterbury.
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.This was an action of trespass for illegally seizing the brig Joseph Gorham, and taking her from the plaintiffs, who, on the 15th of September 1843, as constable of the town of Da-rien, had attached that vessel in sundry suits against Elisha■ Seeley and Lewis Waterbury. The defendants pleaded, 1st, the general issue. 2dly, That the brig in question was libeled in the district court for the Southern district of New-York, and upon a warrant, legally issued according to the course of proceeding in admiralty cases, was attached and taken possession of, by William S. Stillwell, a deputy of the…
1Opinion of the Court
Williams, Ch. J.
The justification in the second plea depends entirely upon the warrant issued by Judge Juchan, upon the libel or complaint of Stillwell. That complaint asserts his lawful possession of the vessel as marshal, and an unlawful caption of the vessel from him by Seeley and others, to defeat that process, and so that it might be attached in this state. It admits that the plaintiff was an officer of this state, and was legally directed to serve process upon the property of the defendant, in those suits, and they had an interest in this vessel ; and it does not charge the plaintiff…
2Cases cited3 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Savacool v. BoughtonNew York Supreme Court · 1830
- Ramsay v. AllegreSupreme Court of the United States · 1827
3Cited by7 opinions
- Smith v. StateSupreme Court of Connecticut · 1849
- Davis v. MillsU.S. Circuit Court for the District of Connecticut · 1900
- State v. HartleySupreme Court of Connecticut · 1902
- State ex rel. Wayne County v. RussellNebraska Supreme Court · 1897
- Raymond v. WhitneyOhio Supreme Court · 1855
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