Geary v. Shepard

Supreme Court of Connecticut

Geary v. Shepard

1 Root 544

DecidedMarch 15, 1793

StatusPublished

This text of 1 Root 544 (Geary v. Shepard) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Geary v. Shepard, 1 Root 544 (Colo. 1793).

Pincite

Opinion

The court found the defendant guilty and gave judgment for the plaintiff to recover the whole sum in damages.

The property in the money accompanied the possession and was in the plaintiff and not liable to be attached, in this way, for a debt of Jesse Spalding’s. The defendant had no good authority to attach the money, even had it been attachable, as the money of said Jesse’s; and its being taken out of his hands by the second attachment, cannot mitigate the damages, although it might furnish a good cause of action against the officer who took it. See the case of Willes v. Pitkin, ante.

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The court found the defendant guilty and gave judgment for the plaintiff to recover the whole sum in damages.

The property in the money accompanied the possession and was in the plaintiff and not liable to be attached, in this way, for a debt of Jesse Spalding’s. The defendant had no good authority to attach the money, even had it been attachable, as the money of said Jesse’s; and its being taken out of his hands by the second attachment, cannot mitigate the damages, although it might furnish a good cause of action against the officer who took it. See the case of Willes v. Pitkin, ante.

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Bluebook (online)

1 Root 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geary-v-shepard-conn-1793.