Rosen v. Fischel
Supreme Court of Connecticut
Debt on a replevin bond; brought to the City Court of the city of Hartford. On tlie trial to the jury in that court upon the general issue the plaintiffs offered in evidence the record of a process of replevin in favor of one Jacob Bincas against the present plaintiffs, who were a firm by the name of Max Rosen & Son, for the recovery of a quantity of cigars, claimed to belong to Bincas and to be unlawfully detained by the defendants in the suit, which record contained a writ…
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Debt on a replevin bond; brought to the City Court of the city of Hartford. On tlie trial to the jury in that court upon the general issue the plaintiffs offered in evidence the record of a process of replevin in favor of one Jacob Bincas against the present plaintiffs, who were a firm by the name of Max Rosen & Son, for the recovery of a quantity of cigars, claimed to belong to Bincas and to be unlawfully detained by the defendants in the suit, which record contained a writ of replevin and a recognizance entered into jointly and severally by Bincas as principal and the present defendant,…
1Opinion of the CourtPardee, J.
The writ which lies at the foundation of ail these proceedings and upon which alone the bond of Bincas and the defendant rested, was utterly void, and the invalidity was apparent upon its ^face. The officer and all persons directing him wére liable to_an action of .trespass at the suit *375of Rosen & Son fox* taking property under it; it could not affox’d to any of them either defexxce or justification. The magistrate who placed his signature upon this void instrument was incapable of taking a valid boxxd for the. prosecution of the claim therein set forth to final judgment; practically, the writ…
2Cited by6 opinions
- Tellefsen v. FeeMassachusetts Supreme Judicial Court · 1897
- Galvin v. BirchSupreme Court of Connecticut · 1922
- Douglass v. UnmackSupreme Court of Connecticut · 1904
- Nichols v. StandishSupreme Court of Connecticut · 1880
- Cermak ex rel. Ezerski v. PauksztisAppellate Court of Illinois · 1920
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