Buddington v. Stewart
Supreme Court of Connecticut
This was an action on the case against the defendant, as sheriff of the county of New-London, for the default of one of his deputies. The cause was tried at Norwich, March term, 1841, before Waite, J. The plaintiff had prayed out a writ of attachment, in his favour, against one Smith; and had delivered it to one Mart, as the defendant’s deputy, who, by virtue thereof, attached all Smith’s right, title and interest in the ship Bingham and her cargo.
Read the full summary
This was an action on the case against the defendant, as sheriff of the county of New-London, for the default of one of his deputies. The cause was tried at Norwich, March term, 1841, before Waite, J. The plaintiff had prayed out a writ of attachment, in his favour, against one Smith; and had delivered it to one Mart, as the defendant’s deputy, who, by virtue thereof, attached all Smith’s right, title and interest in the ship Bingham and her cargo. The writ was duly returned, and the plaintiff after-wards obtained judgment, took out execution and delivered it to a constable, who made search…
1Opinion of the CourtWaite, J.
The defendant’s deputy, in this case, attached all Smith’s interest in the ship Bingham and her cargo, but did not hold it, so that it might be applied in satisfaction of the judgment obtained in the suit. It is very clear, that the defendant is liable for this omission of the officer, unless there is something in the case to excuse it; for, it is admitted, that Smith had an interest in them.
1. If Smith’s interest in the ship was owned by him, as tenant in common with others, it was liable to attachment. That principle was fully recognized, by this court, in a recent case; and we there held…
2Cases cited5 opinions
- The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
- Church v. KnoxSupreme Court of Connecticut · 1818
- Brewster v. HammetSupreme Court of Connecticut · 1823
- Witter v. RichardsSupreme Court of Connecticut · 1833
- Remmington v. CadySupreme Court of Connecticut · 1833
3Cited by5 opinions
- Shrout v. SealeSupreme Court of Alabama · 1971
- New Haven Trolley & Bus Employees Credit Union v. HillSupreme Court of Connecticut · 1958
- Macy v. DeWolfU.S. Circuit Court for the District of Rhode Island · 1847
- Marshall v. McGregorNew York Supreme Court · 1871
- The AlidaDistrict Court, S.D. New York · 1848