Thompson v. Stewart
Supreme Court of Connecticut
Where property, claimed by A., being libelled in the admiralty court as prize, was delivered to B., to indemnify him for bonds given by him in that court, in behalf of A.; and, after a decree of restitution, by which the bonds to given, were discharged, of which, however, B. had no notice, a creditor ófJS. commenced a process of foriegn attachment against B., to recover the property of A. in his hands ; it.was held, that the plaintiff, notwithstanding such want of notice,…
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Where property, claimed by A., being libelled in the admiralty court as prize, was delivered to B., to indemnify him for bonds given by him in that court, in behalf of A.; and, after a decree of restitution, by which the bonds to given, were discharged, of which, however, B. had no notice, a creditor ófJS. commenced a process of foriegn attachment against B., to recover the property of A. in his hands ; it.was held, that the plaintiff, notwithstanding such want of notice, was entitled to recover. THIS was a scire-facias, in a process of foreign attachment, against the defendant, as the…
1Opinion of the Court
Hosmer, Ch. J.
The prescriptions of law concerning depositions, should be strictly required in respect of every thing essential. This principle, however, is inapplicable to matters of mere form, which cannot affect the interests of justice. The objections made to the admission of the deposition by Evers, fall within this description. The direction of it, though not literally correct, was perfectly intelligible ; and no doubt exists that it was intended to be used at the superior court in the case of Thompson v. Stewart. The letters “ J. P.” subjoined to the name of the person who took the…
2Cases cited6 opinions
- Selleck v. FrenchSupreme Court of Connecticut · 1814
- Yeaton v. FrySupreme Court of the United States · 1809
- Griswold v. PitcairnSupreme Court of Connecticut · 1816
- Fox v. WilcocksSupreme Court of Pennsylvania · 1806
- Dewit v. BaldwinConnecticut Superior Court · 1789
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wells v. AbernethySupreme Court of Connecticut · 1824
- Rogers v. CrainTexas Supreme Court · 1867
- Stovall v. CommonwealthSupreme Court of Virginia · 1887
- Dunlap v. WaldoSuperior Court of New Hampshire · 1833
- Wright v. WatersSupreme Court of Pennsylvania · 1859