Hamilton v. City of New Haven
Supreme Court of Connecticut
Action upon a judgment by the assignee thereof, brought to and tried by the Superior Court in New Haven County, Reed, J.; facts found and judgment rendered for the plaintiffs for $788, and appeal by the defendant. The questions presented by the demurrers are not materially different from those raised upon the trial of the issues of fact.
Read the full summary
Action upon a judgment by the assignee thereof, brought to and tried by the Superior Court in New Haven County, Reed, J.; facts found and judgment rendered for the plaintiffs for $788, and appeal by the defendant. The questions presented by the demurrers are not materially different from those raised upon the trial of the issues of fact. The trial court found these facts: On the 22d of November, 1901, Richard T. Barton recovered judgment in the Court of Common Pleas in New Haven County, against the present defendant, for $500, as damages for personal injuries received by him on account of a…
1Opinion of the CourtHall, J.
It is contended by the defendant that the steps which it took to appeal from the judgment in favor of Barton, the death of Barton pending such attempted appeal, and the action of the plaintiff in procuring such appeal to be dismissed from this court, operate as a supersedeas of the judgment in favor of Barton and prevent a recovery by the plaintiff in the present action.
In the case of Barton v. New Haven, 74 Conn. 729, 52 Atl. 403, we only decided that there was no appeal pending in this court, because the attempted appeal in the Court of Common Pleas was not filed until after the death of…
2Cases cited6 opinions
- Barton v. City of New HavenSupreme Court of Connecticut · 1902
- Denison v. WilliamsSupreme Court of Connecticut · 1822
- Palmer v. GardinerIllinois Supreme Court · 1875
- Gale v. CoreyIndiana Supreme Court · 1887
- Hopkins v. Hopkins' Adm'rCourt of Appeals of Kentucky · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Boucher Agency, Inc. v. ZimmerSupreme Court of Connecticut · 1971
- State v. NagyNew Jersey Superior Court Appellate Division · 1953
- Newman v. GaulSupreme Court of Connecticut · 1925
- Immerman v. OstertagNew Jersey Superior Court Appellate Division · 1964
- Mall v. LaBowConnecticut Appellate Court · 1993
11 more not listed; retrieve them via the Exa API.