Brown v. Congdon
Supreme Court of Connecticut
Writ oe error from a judgment of the Superior Court dismissing a complaint praying for a new trial. The complaint was as follows:— To the sheriff, &c.
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Writ oe error from a judgment of the Superior Court dismissing a complaint praying for a new trial. The complaint was as follows:— To the sheriff, &c. By authority of the state of Connecticut you are hereby commanded to summon Joseph B. Congdon, of New London, as he is the executor of the will of James Smith, late of New London, deceased, to appear before the Superior Court, to be held * * ; then and there to answer unto William B. Brown and Mary E. Groldebar, both of the city of Brooklyn, in the state of New York, in a civil action, wherein the plaintiffs complain and say: First. The…
1Dissent
Loomis, J.,
(dissenting.) While conceding that there is great force in the reasoning that supports the majority opinion, I feel nevertheless constrained to dissent. It seems to me a reproach to the law if it affords no remedy for the flagrant injustice which the case discloses. The demurrer to the petition for a new trial admits all the facts alleged as fully for the purposes of the present inquiry as if found by the court after hearing all the evidence.
The facts then are as follows, (I quote from the record:) —“ During the trial of said cause to the jury, and while the ease was under…
2Cases cited4 opinions
- Jeffery v. FitchSupreme Court of Connecticut · 1879
- State v. AndrewsSupreme Court of Connecticut · 1860
- Raymond v. BellSupreme Court of Connecticut · 1846
- McKinney v. SpringerIndiana Supreme Court · 1855