Roberts v. Church
Supreme Court of Connecticut
This was an action of ejectment; tried at Litchfield, August term, 1844. before Williams, Ch. J. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution in his favour against Willis Hart, issued upon a judgment of the superior court for Litchfield county, rendered at its August term in 1840. The defendant objected to the admission of this execution, in evidence, because, by the return, no demand appeared to have been made, or if made at…
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This was an action of ejectment; tried at Litchfield, August term, 1844. before Williams, Ch. J. The plaintiff claimed title to the demanded premises, by virtue of the levy of an execution in his favour against Willis Hart, issued upon a judgment of the superior court for Litchfield county, rendered at its August term in 1840. The defendant objected to the admission of this execution, in evidence, because, by the return, no demand appeared to have been made, or if made at all, was made before the date of the execution. The plaintiff claimed, that as it appeared to have been made by virtue of…
1Opinion of the CourtChurch, J.
The execution under which the plaintiff claims, issued from the superior court for Litchfield county, at its August term, 1840, and, as the defendant claimed, was originally dated August 25th, 1840, and returnable in sixty days. After the expiration of sixty days, it was renewed, as we term it, by the clerk of the court, who erased the first date, and inserted November 17th, 1840, its present date.
After an immemorial practice in this state of renewing executions, by a change of dale, sanctioned, as it has been, by the courts, it may now be too late to enquire either into the propriety or…
2Cited by7 opinions
- Young v. HarrisonCourt of Appeals for the Eighth Circuit · 2002
- Gilman v. JoseloffSupreme Court of Connecticut · 1949
- Steve W. Young v. Anthony HarrisonCourt of Appeals for the Eighth Circuit · 2002
- Goldis v. GatelyMassachusetts Supreme Judicial Court · 1897
- Pereira v. SmolenConnecticut Superior Court · 1941
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