Greenthal v. Lincoln, Seyms & Co.
Supreme Court of Connecticut
Action in the nature of trespass de bonis, brought originally to the District Court of Waterbury and thence by the defendants’ appeal to the Superior Court in New Haven County, and tried to the court, Thayer, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court. The case is the same reported in 67 Conn. 372, in which a new trial was granted on the plaintiff’s appeal.
Read the full summary
Action in the nature of trespass de bonis, brought originally to the District Court of Waterbury and thence by the defendants’ appeal to the Superior Court in New Haven County, and tried to the court, Thayer, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court. The case is the same reported in 67 Conn. 372, in which a new trial was granted on the plaintiff’s appeal. After the cause was sent back to the Superior-Court, a “ revised answer ” was filed, containing two defenses. The first was that on March 1st, 1895,…
1Opinion of the CourtBaldwin, J.
The complaint alleged that on March 6th, 1895, the plaintiff was lawfully possessed of the goods in question, and that the defendants then forcibly took and carried them away. The “revised answer,” not denying his possession, justified the taking by attacking his title. Like the answer upon which the action was originally tried, this admitted, because it did not deny, that the plaintiff was in possession at the time of the attachment. Greenthal v. Lincoln, Seyms & Co., 67 Conn. 372, 378. That such was the case is also expressly found by the trial court. The defendants insist, nevertheless,…
2Cases cited2 opinions
- Greenthal v. Lincoln, Seyms & Co.Supreme Court of Connecticut · 1896
- Mead v. NoyesSupreme Court of Connecticut · 1877
3Cited by2 opinions
- Lamanet v. LamanetCalifornia Court of Appeal · 1937
- In re Colonial Mill & Lumber Co.District Court, D. Connecticut · 1914