Mitchell v. Smith
Supreme Court of Connecticut
Action to recover the amount of two promissory notes, brought to the District Court of Waterbury where the defendant pleaded in abatement; the court, Cowell, J., sustained the plaintiff’s demurrer to the plea, whereupon the defendant answered over, alleging coverture, and the plaintiff demurred to this plea, also; the court, Bradstreet, J., sustained the demurrer, and the cause was afterwards tried to the court, Cowell, J., and judgment rendered for the plaintiff, from which…
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Action to recover the amount of two promissory notes, brought to the District Court of Waterbury where the defendant pleaded in abatement; the court, Cowell, J., sustained the plaintiff’s demurrer to the plea, whereupon the defendant answered over, alleging coverture, and the plaintiff demurred to this plea, also; the court, Bradstreet, J., sustained the demurrer, and the cause was afterwards tried to the court, Cowell, J., and judgment rendered for the plaintiff, from which the defendant appealed for alleged errors in the rulings of the court. After the demurrer to the plea in abatement had…
1Opinion of the CourtHamersley, J.
Pleas in abatement must be filed on or before the opening of the court on the day following the return day of the writ. Rules of Court, p. 13, § 12. Ignorance of a cause of abatement will not justify filing a plea after the time limited. Huntley v. Holt, 59 Conn. 102, 105. The plea cannot be amended after the time for filing has expired, except by leave of court. Granting such leave is a matter of discretion, never to be exercised favorably unless an allowance of the amendment would really serve the ends of justice. Brockett v. Fair Haven & W. R. Co., 73 Conn. 428, 431. Ordinarily, when the…
2Cases cited6 opinions
- Coughlin v. McElroySupreme Court of Connecticut · 1899
- Goodrich v. StantonSupreme Court of Connecticut · 1899
- Brockett v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1900
- Huntley v. HoltSupreme Court of Connecticut · 1890
- Hunter Appeal from Doings of the Board of Sewer CommissionersSupreme Court of Connecticut · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Nowak v. NowakSupreme Court of Connecticut · 1978
- Rossignol v. Danbury School of Aeronautics, Inc.Supreme Court of Connecticut · 1967
- Concept Associates, Ltd. v. Board of Tax ReviewSupreme Court of Connecticut · 1994
- Royce v. Town of WestportSupreme Court of Connecticut · 1981
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
20 more not listed; retrieve them via the Exa API.