Perry v. Post
Supreme Court of Connecticut
Debt on a bond given for attached property; brought to 'the Superior Court in New Haven County, and tried to the court, on the general issue, with notice, before Ilovey, J. The bond was given under the statute (Gen. Statutes, p. 406, sec. 23,) which provides that when any estate shall be attached, the defendant may apply to a judge of the court in which the action is pending, to dissolve the attachment lien, upon the substitution of a bond with surety; later sections…
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Debt on a bond given for attached property; brought to 'the Superior Court in New Haven County, and tried to the court, on the general issue, with notice, before Ilovey, J. The bond was given under the statute (Gen. Statutes, p. 406, sec. 23,) which provides that when any estate shall be attached, the defendant may apply to a judge of the court in which the action is pending, to dissolve the attachment lien, upon the substitution of a bond with surety; later sections •directing as to the form of proceeding, notice to the adverse party, the amount of the bond, and its form. In the suit in…
1Opinion of the CourtPark, C. J.
The question in this case is as to the correctness oí the rule of damages adopted by the court below in rendering judgment for the plaintiff. The court assessed damages to the amount of the value of the actual interest which the Simpson Waterproof Manufacturing Company had in the property attached at the time the bond in question was given; and ruled out evidence offered by the defendants to show the value of such interest 'at the time when the judgment was rendered in the original suit.
The question then is, whether in an action on a bond, substituted for an attachment of property under the…
2Cited by9 opinions
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- Johnson v. DunSupreme Court of Minnesota · 1899
- New York Plumbers Specialty Co. v. WerebitzikSupreme Court of Connecticut · 1926
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