Minor v. Cook

Connecticut Superior Court

Minor v. Cook

1 Kirby 157

Connecticut Superior Court·Decided September 15, 1786·Published

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] in 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] in 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.

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

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