McGuire v. Church
Supreme Court of Connecticut
Scire e acias upon a foreign attachment; brought to the Court of Common Pleas. The following facts were found by the court: The plaintiff on the 8th of June, 1880, brought a factorizing suit against one Thomas J. Billbrough, making Edward Church the present defendant garnishee, returnable before a justice of the peace.
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Scire e acias upon a foreign attachment; brought to the Court of Common Pleas. The following facts were found by the court: The plaintiff on the 8th of June, 1880, brought a factorizing suit against one Thomas J. Billbrough, making Edward Church the present defendant garnishee, returnable before a justice of the peace. Billbrough appeared before the justice and appealed the case to the Court of Common Pleas, in which court a trial was had and judgment rendered for the plaintiff. Church did not appear either before the justice or. the Court of Common Pleas, but Billbrough agreed with the…
1Opinion of the CourtPark, C. J.
The officer who served the original writ of foreign attachment, upon which the present scire facias is founded, left at the usual place of abode of the defendant in that suit, and as the only service made upon the defendant, what purported to be a certified copy of the writ, with his doings indorsed thereon, but his signature was not attached to the document by his own hand but by that of his clerk. An executive officer can no more authorize another to perform an official act which the law requires him to perform, than a justice of the peace can delegate the performance of his judicial…
2Cited by13 opinions
- City Lumber Co. of Bridgeport, Inc. v. BorsukSupreme Court of Connecticut · 1945
- Lorch v. PageSupreme Court of Connecticut · 1921
- Sawyer v. LorenzenSupreme Court of Iowa · 1910
- Swift & Upson Lumber Co. v. W. L. Hatch Co.Supreme Court of Connecticut · 1932
- International Trust Co. v. AnthonySupreme Court of Colorado · 1909
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