Minor v. Cook

Connecticut Superior Court

Minor v. Cook

1 Kirby 157

DecidedSeptember 15, 1786

StatusPublished

This text of 1 Kirby 157 (Minor v. Cook) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minor v. Cook, 1 Kirby 157 (Colo. Ct. App. 1786).

Pincite

Opinion

By the whole Court.

Benjamin Shearman, the principal debtor, is described in the declaration in the original action, to be an inhabitant of the state of Ehode Island; and if he had any residence in this state, at the time of serving the writ, so that he ought, by law, to have been served with a copy of it, and that was omitted, it might have been pleaded [158]*158in abatement to the action; but the garnislh.ee cannot take advantage of it in this suit; nor can that omission any way prejudice Mm; for he will be indemnified against any recovery by said Shearman, to the amount of what shall be recovered of him by the plaintiff in this suit; and if Shear-man has suffered for want of legal notice, he only has right to apply for redress.

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By the whole Court.

Benjamin Shearman, the principal debtor, is described in the declaration in the original action, to be an inhabitant of the state of Ehode Island; and if he had any residence in this state, at the time of serving the writ, so that he ought, by law, to have been served with a copy of it, and that was omitted, it might have been pleaded [158]*158in abatement to the action; but the garnislh.ee cannot take advantage of it in this suit; nor can that omission any way prejudice Mm; for he will be indemnified against any recovery by said Shearman, to the amount of what shall be recovered of him by the plaintiff in this suit; and if Shear-man has suffered for want of legal notice, he only has right to apply for redress.

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Bluebook (online)

1 Kirby 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minor-v-cook-connsuperct-1786.