Legal Opinion

Holcomb v. Town of Winchester

Supreme Court of Connecticut

Decided January 19, 1885PublishedCited by 8 opinions

Scire Facias upon a process of foreign attachment; brought, by appeal from a justice of the peace, to the Court of Common Pleas of Litchfield County, and tried before Warner, J. Facts found and judgment rendered for the plaintiff and appeal by the defendants. The case is fully stated in the opinion.

1Opinion of the CourtLoomis, J.

This is a complaint of scire facias against the defendant town as the debtor of one Tuttle, based upon a foreign attachment served upon the town in which Tuttle was defendant. The claimed indebtedness of the town was predicated solely upon these facts:—Tuttle had brought a suit against the town to recover damages for a personal injury received through a defective highway in consequence of the negligence of the town. On the 30th of August, 1883, the town suffered a default and moved for a hearing in damages. On the 13th of September nest following the town was served with the process of…

2Cases cited3 opinions

  1. Kellogg v. SchuylerNew York Supreme Court · 1846
  2. Cook v. WalthallSupreme Court of Alabama · 1852
  3. Victor v. Hartford Fire Ins.Supreme Court of Iowa · 1871

3Cited by8 opinions

  1. Chambers v. Blickle Ford Sales, Inc.Court of Appeals for the Second Circuit · 1963
  2. Loewe v. Savings Bank of DanburyCourt of Appeals for the Second Circuit · 1916
  3. Carson v. Gore-Meenan Co.District Court, D. Connecticut · 1916
  4. Chambers v. Blickle Ford Sales, Inc.Court of Appeals for the Second Circuit · 1963
  5. Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926

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