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73 Conn. 446

47 A 653

Doolan v. Wilson

Supreme Court of Connecticut

Decided December 18, 1900

Supreme Court of Connecticut · decided 1900-12-18

Action upon an officer’s receipt for property attached, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the plaintiff for $576, and appeal by the defendant Wilson for alleged errors in the rulings of the court.

Cited by 3 later decisions — most recently April 1914

2 district · 1 state decisions

Relies on Palmer v. Hartford Dredging Co. · Parks v. Sheldon

Good law ✅— No negative treatment on recordhow we know

No error · Decided 1900-12-18

View the full empirical analysis of this case →

Baldwin, J.

¶1 The entry in the memorandum book was rightly excluded. All that it contained had already been stated under oath by the defendant who offered it. He did not wish to use it to refresh his recollection. For any other purpose it was a mere declaration in his own interest. Palmer v. Hartford Dredging Co., 73 Conn. 182.

¶2 The officer was not bound to search for the property which he had attached. The receipt means what it says. It threw on the defendants, as things stood, the absolute duty of redelivering the property to the plaintiff on his demand, or else of *448 paying the judgment upon which the execution, which he held, was issued. Parks v. Sheldon, 36 Conn. 466.

¶3 There is no error.

¶4 In this opinion the other judges concurred.

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