Alling v. Shelton
Supreme Court of Connecticut
IN ERROR, This was a writ of replevin, brought by Chester Alling against Charles T. Shelton, to obtain the possession of goods belonging to the plaintiff, which had been taken, by a writ of attachment in the defendant’s favour, against Leverett Alling. In connexion with the writ of replevin there was a count in trepass.
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IN ERROR, This was a writ of replevin, brought by Chester Alling against Charles T. Shelton, to obtain the possession of goods belonging to the plaintiff, which had been taken, by a writ of attachment in the defendant’s favour, against Leverett Alling. In connexion with the writ of replevin there was a count in trepass. In the county court to which the suit was brought, the defendant pleaded in abatement, that said writ of replevin was issued without any notice to the defendant being served on him, that it was about to issue, that he might appear before the authority about to issue the same,…
1Opinion of the Court
Williams, Ch. J.
The plaintiff claims, that the judgment below shall be reversed, because after issue joined, and tried by the jury, and found for him, the judgment was not peremptory, but respondeas ouster.
That this judgment was not correct, according to the English practice, cannot be doubted. At an early period, this question seems to have been settled, as appears by a case *440cited in Eichorn v. Lemaitre, 2 Wils. 367. and confirmed by uniform decisions ever since. Amcots v. Amcots, T. Raym. 118. S. C. 1 Sid. 252. S.C. 1 Vent. 22. Bonner v. Hall, 1 Ld. Raym. 338. S. C. Carth. 433. Crosse v.…
2Cases cited9 opinions
- McLemore v. PowellSupreme Court of the United States · 1827
- Haight v. HolleyNew York Supreme Court · 1829
- Moore v. MortonCourt of Appeals of Kentucky · 1808
- Hughes v. StickneyNew York Supreme Court · 1835
- Peach v. MillsSupreme Court of Vermont · 1841
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3Cited by7 opinions
- Cannavo Enterprises, Inc. v. BurnsSupreme Court of Connecticut · 1984
- Smith v. LyonSupreme Court of Connecticut · 1876
- Bull v. MeloneySupreme Court of Connecticut · 1858
- Taff v. StateSupreme Court of Connecticut · 1872
- Harrell v. HillTexas Supreme Court · 1855
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