Holverstot v. Bugby

<p>Appeal from the Sixth District.</p> <p>Action by plaintiff, as sole trader, under the Act of 1852, to recover of defendants damages for the wrongful seizure and detention of certain personal property. About eight o’clock on the morning of December 5th, 1856, plaintiff made her declaration of intention to carry on business as a sole trader. This declaration, acknowledged before a Justice of the Peace, was filed in the Becorder’s office, December 29tb, 1856, and published January 18th, 1857. At nine o’clock in the morning of December 5th, 1856, J. B. Wilson executed and delivered to plaintiff a bill of sale of the furniture, fixtures, liquors, etc. of a restaurant owned by him, and delivered possession of the same, which possession was retained by plaintiff until noon of that day, when defendant, Bugby, as Constable, seized them under a writ of attachment in the suit of Greenbaum & Bucki v. Wilson. Plaintiff,' however, carried on the restaurant for about two weeks, when the property was sold by Bugby.</p> <p>On the trial plaintiff offered in evidence her declaration as sole trader, with the Becorder’s certificate of filing, etc. indorsed; to the admission of which, defendant’s counsel objected, on the ground that said declaration was recorded too late. The Court overruled the objection, and defendant excepted.</p>