Main v. First School District in the Second School Society in Preston
Supreme Court of Connecticut
This was an action of indebitatus assumpsit, brought originally to the county court, and thence appealed to the superior court.
Read the full summary
This was an action of indebitatus assumpsit, brought originally to the county court, and thence appealed to the superior court. The declaration, consisting of two parts, (a) was as follows. 1. That the plaintiff, on the 26th day of September, 1843, at the special instance and request of the defendants, agreed with them to keep the district school in said district, for the term of four months and one half from and after the 1st day of November, 1843, for the sum of fifteen dollars per month; and the defendants, i/j, consideration thereof, agreed and promised to pay to the plaintiff the sum of…
1Opinion of the CourtStores, J.
It being admitted, that the first count of the declaration in this case gave no jurisdiction to the superior court, the question is, whether it had jurisdiction under the second. If this is to be deemed, what its form indicates, a single count only, it is clearly sufficient to give jurisdiction to *218that court, because there is no doubt that the plaintiff may . , . „ ,T . , , under it more than seventy dollars. He might prove " on the trial the whole of the items of indebtedness which are stilted in it, and thus be entitled to recover their aggregate amount ; or, if not the whole, more than one…
2Cited by8 opinions
- Dougherty v. RandallMichigan Supreme Court · 1855
- Guile v. BrownSupreme Court of Connecticut · 1871
- Holmquist v. SpinelliSupreme Court of Connecticut · 1953
- Nichols v. HastingsSupreme Court of Connecticut · 1869
- Friberg v. BjellandOregon Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.