Nash v. Smith
Supreme Court of Connecticut
in error. In the superior court, Edward Nash filed a bill of interpleader, making Truman Smith, Aaron B. Woodruff, Lewis Wood-ruff and Minot Mitchell, parties, defendants.
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in error. In the superior court, Edward Nash filed a bill of interpleader, making Truman Smith, Aaron B. Woodruff, Lewis Wood-ruff and Minot Mitchell, parties, defendants. The bill stated, That on the 28th of August, 1823, Mitchell commenced an action on note against Elisha L. Silliman, by a writ of attachment, returnable to the county court of Fairfield county, in November, 1823, which was directed and delivered to the plaintiff; as constable, with instructions to attach the goods in the store of Silliman; which was done: That Mitchell recovered judgment in such action, by default, for 2101…
1Opinion of the CourtPeters, J.
Several causes of demurrer are assigned. 1. That the plaintiff has not annexed to his bill an affidavit that it is not exhibited in collusion with any of the parties. Such an affidavit is required by the English practice. Mitf. 49. Coop. Eq. Plead. 49, 50. This practice has not been adopted here ; but it has been decided, by this Court, that an affidavit is not required to be annexed to a bill, in any case. Jerome v. Jerome, 5 Conn. Rep. 352.
2. That the plaintiff has not brought, nor offered to bring, into court the money received by him. It seems to be a rule in England, that the plaintiff…
2Cases cited3 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Church v. KnoxSupreme Court of Connecticut · 1818
- Jerome v. JeromeSupreme Court of Connecticut · 1824
3Cited by17 opinions
- People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
- Clyde Austin v. Texas-Ohio Gas CompanyCourt of Appeals for the Fifth Circuit · 1955
- State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
- Phoenix Ins. Co. v. CareySupreme Court of Connecticut · 1908
- North Pacific Lumber Co. v. LangOregon Supreme Court · 1895
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