Guthrie v. Crover
Supreme Court of Connecticut
Action on the case founded upon the statute, (tit. 1, ch. 15, §370,) tried in the Court of Common Pleas for New Haven county, (Bronson, J.,~) on the general issue closed to the court. The court found the issue for the plaintiff, and the defendants moved in arrest of judgment for the insufficiency of the declaration.
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Action on the case founded upon the statute, (tit. 1, ch. 15, §370,) tried in the Court of Common Pleas for New Haven county, (Bronson, J.,~) on the general issue closed to the court. The court found the issue for the plaintiff, and the defendants moved in arrest of judgment for the insufficiency of the declaration. The court overruled the motion and rendered judgment for the plaintiff, whereupon the defendants filed a motion in error, and also moved for a new trial for error in the rulings of the court.
1Opinion of the CourtCarpenter, J.
The motion in error presents two questions for our consideration.
1. Is the declaration sufficient? The second count is *76framed with reference to the third clause of the statute, which provides that if any person “ shall refuse to pay any debt‘admitted by him, or established by a valid judgment, while having moneys or estate not exempt from execution sufficient to discharge the same concealed or withheld by him so that the same cannot be taken by legal process, any creditor aggrieved may institute an action on the case, <fcc.”
The material averments in the declaration are an indebtedness from…
2Cases cited2 opinions
- Armstrong v. AyresSupreme Court of Connecticut · 1849
- Cowles v. DaySupreme Court of Connecticut · 1862