¶1To this declaration the defendant demurred; because there is no averment, that said judgment and execution remain in force, unreversed and unpaid. The County Court judged said declaration to be insufficient; which judgment was reversed by the Superior Court upon the writ of error; because those averments are unnecessary in the declaration, in an action brought by an officer against the receiver of property taken ‘by execution.
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Hartshorn v. Halsey
Decided September 15, 1784
Connecticut Superior Court · decided 1784-09-15
Weit oe Eeeoe, to reverse a judgment of the County Court in an action, brought by Hartshorn against Halsey; declaring that at a certain time, he had a certain execution as an officer, to levy and collect; that he levied it upon a home, the property of the debtor, and posted it as the law directs; that upon the request of the defendant, he delivered said horse to him to keep, in consideration whereof, the defendant agreed and promised to redeliver said horse to the plaintiff…
Decided 1784-09-15