Ward v. Curtiss
Supreme Court of Connecticut
This was an action of book debt; tried, on the general issue, at Hartford, at an adjourned term in March, 1847, before Church, J. On the trial, it was proved and admitted, that no part of the plaintiff’s book account, for which the action was brought, became due before the 5th of December, 1845. The writ was dated the 10th day of November, 1845. This writ the plaintiff delivered to a deputy-sheriff, on that day, by virtue *of which, he attached certain articles of personal…
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This was an action of book debt; tried, on the general issue, at Hartford, at an adjourned term in March, 1847, before Church, J. On the trial, it was proved and admitted, that no part of the plaintiff’s book account, for which the action was brought, became due before the 5th of December, 1845. The writ was dated the 10th day of November, 1845. This writ the plaintiff delivered to a deputy-sheriff, on that day, by virtue *of which, he attached certain articles of personal property be- - longing to the defendant, and took them into his possession, at the same time leaving in service with the…
1Opinion of the Court
Church, Ch. J.
This writ is dated on the 10th day of November, 1845, and, as appears by the return of the officer, indorsed upon it, was duly served, on the 14th day of January, 1846, and was legally returned into court, with that and no other certificate of service. Every thing appears in the usual and legal form.
To this writ and declaration the defendant has made no objection, but has appeared and pleaded the general issue, and proceeded to trial. And upon a trial to the jury, for the first time, the defendant objects, that this action was in truth commenced on the 10th day of November,…
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