¶1The statute is that no personal estate attached, shall be held to respond the judgment obtained by the plaintiff, at whose suit the same is attached, either against the debtor or any other creditor, unless such judgment creditor take out execution on such judgment, and have the same levied; within sixty days after final judgment. The writ of error was no supersedeas to the plaintiff’s proceeding, till served on the 6th of March, nor after the judgment in, the Supreme Court of Errors was rendered; so that the plaintiff had more than sixty days clear of any incumbrance from the writ of error in which to have levied his execution. But having neglected to do it, and the defendants having delivered the goods to Richards the owner, the plaintiff was not liable to the creditor, and his remedy was by a new trial.
1 Root 481
Parsons v. Phillips
Decided December 15, 1792
Supreme Court of Connecticut · decided 1792-12-15
ActioN upon a receipt given for goods taken by an attachment, declaring tbat on tbe 21st day of August A. D. 1786, by virtue of a writ of attachment in favor of Charles Sigour-ney against William Richards and Samuel Buel for £400 lawful money, tbe plaintiff attached certain goods, wares, etc. tbe property of said Richards, viz. (describes them,) to tbe amount of £400 lawful money; tbat be delivered said goods to tbe defendants upon their request to keep1 and return, and…
Decided 1792-12-15