Oviatt v. Pond
Supreme Court of Connecticut
Trespass qu. cl. fr. and de bonis asportatis. The defendant pleaded the general issue, with notice that he should offer evidence to prove that he was, at the time the goods were taken, a lawful constable of the town of New Haven, (where the trespass was alleged to have been committed,) and that he attached them as the property of one Anthony, to whom they belonged, upon a writ placed in his hands for service ; also that the liquors, casks and kegs described in the…
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Trespass qu. cl. fr. and de bonis asportatis. The defendant pleaded the general issue, with notice that he should offer evidence to prove that he was, at the time the goods were taken, a lawful constable of the town of New Haven, (where the trespass was alleged to have been committed,) and that he attached them as the property of one Anthony, to whom they belonged, upon a writ placed in his hands for service ; also that the liquors, casks and kegs described in the declaration as a part of the property taken, were liquors kept by the plaintiff for sale in violation of law, and the vessels in…
1Opinion of the CourtEllsworth, J.
We are fully satisfied that the defendant *485is entitled to a new trial, for errors in the rulings and charge of the court, and we do not find it necessary therefore to consider the motion for a new trial on the ground that the verdict was against the evidence. We are inclined to the opinion that the jury erred in finding that there was a bona fide sale of the goods by Anthony to the plaintiff, and a change of possession. These points may however wear a different aspect on another trial, should one be had, and we prefer therefore to confine ourselves to the consideration of the questions of law…
2Cases cited4 opinions
- Spalding v. PrestonSupreme Court of Vermont · 1848
- White v. WebbSupreme Court of Connecticut · 1842
- Holly v. BrownSupreme Court of Connecticut · 1841
- St. Peter's Church v. BeachSupreme Court of Connecticut · 1857
3Cited by24 opinions
- Rose v. StateIndiana Supreme Court · 1909
- Regan v. N. York and N. England R. R. Co.Supreme Court of Connecticut · 1891
- Fears v. StateSupreme Court of Georgia · 1897
- Roberts v. HallSupreme Court of Connecticut · 1870
- Anderson v. SloaneWisconsin Supreme Court · 1888
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