To whom pro rected. Form of oath, edge yourself (or yourselves) bound to J. L., in the recognizance of dollars, that the said C. S. shall prosecute the writ of attachment which he has now taken out against the said J. L. at the superior court, to be holden at H. in and for the county of H., on the A. D. 18- to full effect, and answer all Tuesday of costs and damages in case he make not his plea good. 18, before me, J. W., justice of the peace. SECT. 3. day of A. D. All process by attachment or summons shall be directed cess shall be di- to the sheriff, his deputy, a constable, or other proper officer, or some indifferent person, but no writ of attachment or summons shall be directed to an indifferent person unless more defendants than one are therein named, and described to be of different counties in the state, or unless in case of a writ of attachment, the plaintiff, or one of the plaintiffs, if there be more than one, or his or their agent or attorney, shall make an affidavit respecting the writ in the words following: "You solemnly swear (or affirm) that you verily when directed believe the plaintiff is (or plaintiffs are, as the case may be) in danto an indifferent ger of losing the debt (damage or other thing, as the case may be) in this writ unless an indifferent person shall be deputed for the immediate service of the same; so help you God;" which oath the authority signing such writ is empowered to administer, and shall certify on the writ that he administered the same, and said authority shall insert in the writ the name of the indifferent person to whom it is directed, but need not insert the reason of such direction; and any writ of attachment or summons directed to an indifferent person, except in the case and under the regulations above mentioned, shall abate. If the officer to whom process is directed, combow service may mences serving it, and dies before the service is completed, any be completed. other proper officer may complete the service.* person. 1864. If Officer dies, Writs of scire SECT. 4. On writs of scire facias, in which execution may issue facias may be by against the property, or person and property, of the defendant, the process may be by attachment, to be proceeded with as to bail, and in all respects, as in other writs of attachment. attachment. Special deputa. tion, &c. SECT. 5. The sheriff, by writing on the back of the writ, may depute any proper person, on any special occasion, to serve the same, who, after service thereof, shall make oath before a justice of the peace that he faithfully and truly served the same according to his indorsement thereon, and that he did not fill up said writ, nor give direction to any person to fill up the same, and such justice of the peace shall certify on the writ that he administered said oath accordingly, and thereupon the service thereof shall be good and valid.t SECT. 6. All writs and processes returnable to a justice of the Writs issued by peace shall be made returnable within thirty days from and after the returnable with day of service thereof, and all such writs and processes made returnin thirty days. able for a longer period than thirty days shall be void. 1837. justices must be SECT. 7. All civil process, issued or served between the rising and Process on Sun-Setting of the sun on Sunday or Lord's day, shall be void. 1830. day void. SECT. 8. Writs by summons or attachment may be in the form following, viz: * The indifferent person may not be a minor. Tyler v. Tyler, 2 Root, 519. Whether the certificate must show a literal compliance with the statute. Eno v. Frisbie, 5 Day, 122; Case v. Humphrey, 6 C. R. 130; Kellogg v. Wadhams, 9 C. R. 201; Augur v. Augur, 14 C. R. 82. What oath sufficient. Gilbert v. Johnson, 30 C. R. 392. Indifferent person need not make oath to the truth of his return. Edmunds v. Buel, 23 C. R. 242. + The person deputed may be an inhabitant of the town which is defendant. Clark v. Bray, Kirby, 237. Summons for appearance before a justice of the peace. To the sheriff of the county of H., his deputy, or either of the Form of sumconstables of the town of G., in said county, greeting. By authority of the state of Connecticut you are hereby commanded to summon A. B. of G. aforesaid, to appear before J. H. Esq., justice of the peace for the county of on the at of the clock in the in noon, then and in a plea of which is to the damage of the plaintiff dollars, to recover which and cost he brings his suit. Of this writ with your doings thereon make due return. mons. By authority of the state of Connecticut you are hereby command-Form of attached to attach to the value of dollars the goods or estate of A. B. day of A. D. 18—, at then and there to answer to C. D. of * * * * * noon, dollars, to recover which with your doings thereon to prosecute. A. D. 18—. J. W., justice of the peace. ment. Indorsement of The like forms may be used for writs returnable to the superior court. 1848. SECT. 9. In all suits instituted in the name of a judge of probate writs, in suits as such, the writ, at the time of being issued, shall be indorsed by instituted in some responsible inhabitant of this state, and such indorser shall be judge of proliable for the costs of suit, in case of judgment for the defendant, and judgment shall be rendered and execution issued, for such costs, against him, and not against the judge of probate. bate. dorsements. SECT. 10. Such indorsement may be in the following form: "I Form of inagree to be responsible for the costs in this suit," and shall be subscribed by the indorser. may be substi SECT. 11. If the indorser shall die, or remove out of this state, a In what cases new indorser on such writ shall be substituted, and the court before a new indorser which the suit is pending, may, at any time, order the substitution tuted. of a new indorser, to be approved by the court, and such new indorser shall indorse the writ, and be liable for the costs from the commencement of the suit, in the same manner as the original indorser. dorsed shall be SECT. 12. If the writ shall not be so indorsed at the time of being Write not so inissued, it shall be void, and if, upon the order of the court, such new void. indorser shall not be substituted, the plaintiff shall, on motion, be nonsuited. SECT. 13. Counts in assumpsit or debt may be joined with counts 1836. 1855. in covenant, and counts in trespass on the case or trover founded Joinder of differ in tort, may be joined with counts in trespass.* *Count in trespass and count in case for different causes of action resulting from ent forms of ac tion. CHAPTER II. OF THE SERVICE OF PROCESS. Time of service. When process must be returned. Summons and attachment, how served. 1855. shall be attached SECT. 14. All writs and processes, returnable to the supreme court of errors, shall be served at least thirty days before the day of the sitting of the court; and if before the superior court, at least twelve days inclusive before said day; and if returnable to a justice of the peace, at least six days inclusive.* SECT. 15. All process, if returnable to the supreme court of errors, shall be returned to the clerk of said court at least thirty days, and, if returnable to the superior court, to the clerk of such court at least forty-eight hours, and, if returnable to a justice of the peace, to such justice of the peace at least twenty-four hours, before the day of the session of the court.t SECT. 16. A summons shall be served by the officer's reading the same in the hearing of the defendant, or by leaving an attested copy thereof at the place of his usual abode. An attachment shall be served by attaching the goods and chattels of the defendant, or, if none can be found, by attaching the person, when liable to attachment, or the lands, of the defendant. When an attachment is served by taking the body of the defendant, notice shall be given to him by the officer's reading the writ in his hearing, or by leaving an attested copy at his usual place of abode. When any estate, real or personal, is attached, the officer serving the writ shall leave with the person whose estate is attached, or at the place of his usual abode, if within the state, a true and attested copy of the writ, and of his return thereon, describing the estate attached.t SECT. 17. Real estate shall be attached by the officer's lodging How real estate with the town clerk of the town in which the land is situated, a certificate that he has made such attachment, and the town clerk shall note upon such certificate the precise time of receiving the same, same wrongful act, cannot be joined. Boerum v. Taylor, 19 C. R. 122; Havens v. Hartford and New Haven R. R. Co. 26 C. R. 220. Count in trover for goods, and one in trespass for seizing and carrying them away, no misjoinder. Belden v. Granniss, 27 C. R. 511. Plaintiff not confined to the proof of only one cause of action, when. Munson v. Munson, 24 C. R. 115. *Bill in chancery must be served twelve days before session of court. Central Manufacturing Company v. Hartshorn, 3 C. R. 199. Want of full time may be waived. Hart v. Granger 1 C. R. 169. Return of writ to the office of the clerk, sufficient. Frink v. Scovel, 2 Day, 480. In suit against husband and wife, acknowledgment of service by wife, no waiver. Gaylord v. Payne, 3 C. R. 258. When defendant is in state prison, copy left at his house, sufficient. Grant v. Dalliber, 11 C. R. 234. In suit against two or more, on joint contract, service on each, necessary. Butts v. Francis, 4 C. R. 424. Attachment may be served as summons. Embra v. Silliman, 1 Root, 128. In serving attachment, what possession officer must take. Burrows v. Stoddard, 3 C. R. 160; Same, 431; Williams v. Cheeseborough, 4 C. R. 356; Traintor v. Williams, 7 C. R. 271; Hollister v. Goodale, 8 C. R. 332; Mills v. Camp, 14 C. R. 219; Carpenter v. Clark, 28 C. R. 512. How served by different persons on same property. Brainard v. Bushnell, 11 C. R. 16. What indorsement on copy left in service, sufficient. Preston v. Hickok, 9 C. R. 522. What description of land attached, in copy left with town clerk, sufficient. Cooley v. Sanford, Kirby, 103. Body may be released and property attached. Scott v. Crane, 1 C. R. 255. What may be attached, viz: real estate, although there be personal. Isham v. Downer, 8 C. which shall be lodged on file, and shall be open to public inspection, in the office of said town clerk, and said attachment, if completed as hereinafter provided, shall be considered as made when such certifi. cate is so lodged. The certificate shall be signed by such officer, shall describe the land attached with reasonable certainty, and shall specify the parties to the suit, the court to which the writ is returnable, and the amount of damages claimed. The officer making such attachment shall, within four days thereafter, leave with such town clerk a full and certified copy of the process under which the attachment was made, with an indorsement of his doings thereon, and unless the service shall be so completed, such estate shall not be holden against any other creditor or bona fide purchaser. 1837. private estate of SECT. 18. No attachment, in any suit against a copartnership, of the private estate of any of its members, shall be valid, unless the Attachments of name of such member shall be set forth in the writ at the time of the partners, &c. attachment. SECT. 19. The rights or shares which any person may own in the Bank stock, &c. stock of any bank, banking association, insurance company, turnpike how attached. company, or other corporation, together with the interest, rents and profits, due and growing due thereon, shall be liable to be attached, in any action, and levied upon and sold to satisfy any judgment and execution; and the attachment of any such rights or shares shall be made, by leaving a true and attested copy of the writ, with the proper indorsement thereon of the officer serving the same, as in other cases, with the defendant, or at his usual place of abode, if within this state, and with the cashier of such bank, or with the secretary or clerk of such other corporation, or if such bank has no cashier, or such other corporation has no secretary or clerk, or if he is absent out of this state, then at the banking house, toll house, manufacturing house, or other principal place, in this state, where such corporation transacts its business or exercises its corporate powers; and such rights or shares, together with the interest, rents, and profits, shall be holden to respond the judgment which may be recovered in said action, for the term of sixty days after the rendering thereof, and no longer; and whenever an officer with a writ of attachment, shall apply to such cashier, secretary, or clerk, for the purpose of attaching such rights or shares, the cashier, secretary, or clerk, shall furnish him with a certificate, under his hand, in his official capacity, specifying the number of rights or shares which the defendant holds in the stock R. 282, equity of redemption. Lyon v. Sanford, 5 C. R. 544; interest of cestui que trust in real estate. Davenport v. Lacon, 17 C. R. 278; interest of tenant in common of vessel. Buddington v. Stewart, 14 C. R. 404; interest of joint tenant, and how. Remmington . Cady, 10 C. R. 44; interest of one partner in partnership property. Witter . Richards, 10 C. R. 37; Filley v. Phelps, 18 C. R. 294. An assignment of stock good against an attachment, when. Colt v. Ives, 31 C. R. 25. When land is attached, copy left with town clerk, notice. Rathbone v. Riley, 8 Day 503. Service of attachment implies notice. Davenport v. Lacon, 17 C. R. 278. Service of the writ, commencement of the suit. Jencks v. Phelps, 4 C. R. 149; Fitch . Waite, 5 C. R. 117; Spalding v. Butts, 6 C. R. 28; Perkins v. Perkins, 7 C. R. 558; Gates v. Bushnell, 9 C. R. 530; Sanford v. Dick, 17 Č. R. 213. On writ of attachment against joint defendants, property of all or either may be attached. Marion v. Faxon, 20 C. R. 486. Officer having within his precincts attached property, may complete service by leaving copy with defendant out of his precincts. Tomlinson v. Collins, 20 C. R. 364. In order to perfect second attachment, notice thereof to officer's bailee is not necessary. Same. What alteration of writ after attachment dissolves lien. Parsons v. Ely, 2 C. R. 377; Ives, 25 A mistake in the time of attachment may be amended. Palmer v. Thayer, 28 Process against corporations, how served. 1864. cess upon volun. ted. of such bank, or other corporation, with the incumbrances thereon, if any there be, and the amount of dividends thereon due.*. SECT. 20. In suits against towns, societies, communities, or corporations, the service of the writ, by the officer leaving a true and attested copy of the same with their clerk, or either of the selectmen, or of the committee, or the secretary or cashier, or, in the case of a private corporation, if it has no such secretary or cashier, then at the banking house, toll house, manufacturing house, or other principal place in this state, where such corporation transacts its business or exercises its corporate powers, shall be sufficient.† SECT. 21. In suits against such voluntary associations as are liaService of pro-ble to be sued and impleaded, service of process may be made upon tary association the presiding officer, secretary, or treasurer. The property of such not incorpora- association, whether held by such association or in the hands of trustees for its benefit, may be attached and held to respond to any judgment that may be recovered against such association, but the individual property of the members of the association shall not be liable to be attached in such suit. 1856. &c., reside out of SECT. 22. Whenever any administrator or executor, or all the adWhen executor, ministrators or executors on any estate, if there be more than one, state, a copy of shall reside out of this state, a copy of a writ in any action against left with judge him or them, in their representative capacity, may be left with the of probate where judge of the court of probate, for the time being, of the district the writ may be administration was granted. Attachment, how served when de state. where administration was granted or the will proved; and a copy so left shall be notice to such executor or administrator that the action is pending; and whenever a copy shall be so left with a judge of probate, he shall forthwith give notice thereof to such executor or administrator. SECT. 23. When the defendant is not a resident or inhabitant of fendant is out of this state, and has estate within the same which is attached, a copy of the writ describing the estate shall be left by the officer with the agent or attorney of the defendant within this state; and when land is attached, a like copy shall be left in the office of the town clerk of the town where the land lies, as in cases where the defendant belongs to this state; and if the defendant has no agent or attorney within this state, a like copy shall be left with him who has charge or possession of the estate attached. When execution must be levied tached. SECT. 24. No estate, attached as aforesaid, shall be held to reon property at spond the judgment obtained by the plaintiff at whose suit the same is attached, either against the debtor or any other creditor, unless such judgment creditor shall take out execution on such judgment, and have the same levied on the personal *Who secretary or clerk within the statute. McCall v. Byram Manufacturing Co., 6 C. R. 428. When cashier is absent, how bank shares must be attached. Stamford Bank v. Ferris, 17 C. R. 259. + Service on corporator no notice. Rand v. Proprietors of Upper Locks, &c., 3 Day, 441. Where number of corporators is reduced to one, there being no secretary or place of business, service on such corporator probably sufficient. Evans v. Killingworth Manufacturing Co., 20 C. R. 447. Where secretary of corporation which has no place of business, resigns with fraudulent intent to prevent service of writ on such corporation, his resignation void and service on him, as secretary, valid. Same. When town is sued before justice of peace, what notice necessary. Payne v. Bacon, 1 Root. 109. Leaving copy at usual place of selectman's abode, good service. dale, 12 C. R. 88. Winchester v. Hins Foreign corporation not liable to be sued by writ of summons. Middlebrooks v. Springfield Fire Insurance Co., 14 C. R. 301. What is sufficient service on a foreign corporation. Sill v. Bank of U. S., 5 C. R. 102 Copy must be a true and attested copy, and left with agent or defendant, or person in charge of property. Cady v. Gay, 31 C. R. 395. |