Huntington v. Winchell

Decided June 15, 1830

Supreme Court of Connecticut · decided 1830-06-15

This was an action of ejectment; tried, on the general issue, at Hartford, February term, 1830, before Bissell, J. The plaintiff claimed title to tho land demanded, by virtue of two executions in his favour against John Winchell jun. the grantor of the defendant, levied upon such land as the estate of John Winehell jun. One of these executions was for the sum of 79 dollars, 39 cents; and the other, for 38 dollars, 34 cents.

Good law ✅— No negative treatment on recordhow we know

Decided 1830-06-15

How this case has been cited

Cited by 6 later decisions — most recently January 2005

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bissell, J.

¶1The question in this case was decided in the court below in conformity to what was understood to have been a previous decision on the circuit. I am satisfied, that the evidence ought to have been admitted. The excess was very trifling ; and the case seems peculiarly to require the application of the maxim—“De minibus non curat lex.” And even had the excess been at all important in point of amount, the entire levy ought not, on that account, to have been avoided ; as the debtor, if aggrieved, in such case, might obtain redress, by application to a court of chancery.

¶2I would advise a new trial.

Peters and Daggett, Js. were of the same opinion.