Miller v. Cross
Supreme Court of Connecticut
Action for an injunction, brought to the Court of Common Pleas in New Haven County where the defendant filed a plea in abatement for want of a recognizance for costs, to which the plaintiff demurred; the court, Hubbard, J., overruled the demurrer, sustained the plea and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court.
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Action for an injunction, brought to the Court of Common Pleas in New Haven County where the defendant filed a plea in abatement for want of a recognizance for costs, to which the plaintiff demurred; the court, Hubbard, J., overruled the demurrer, sustained the plea and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court. The writ in this case was one of attachment and summons in the ordinary form, and contained the following memorandum : “ Charles H. Miller, of New Haven, as principal, and Lewis Osterweis of New Haven, as surety,…
1Opinion of the CourtTorrance, J.
Before the writ in this case could be issued, the law required either (1) that the magistrate should certify thereon that he had personal knowledge as to the financial responsibility of the plaintiff and deemed it sufficient, or (2) that some substantial inhabitant of this State alone, or with the plaintiff, should enter into a recognizance to the defendant, conditioned that the plaintiff should prosecute his action to effect and answer all damages in case he made not his plea good, and that such fact should be noted in the writ. Rules under Practice Act, § 127; General Statutes, §§ 896, 897.…
2Cases cited2 opinions
- Budd v. Meriden Electric RailroadSupreme Court of Connecticut · 1897
- Lovejoy v. IsbellSupreme Court of Connecticut · 1898
3Cited by11 opinions
- Fast v. WhitneyWyoming Supreme Court · 1920
- New Haven Sand Blast Co. v. DreisbachSupreme Court of Connecticut · 1926
- Berger v. Town of GuilfordSupreme Court of Connecticut · 1949
- New York, New Haven & Hartford Railroad v. IllySupreme Court of Connecticut · 1907
- Cornwall v. City of HartfordSupreme Court of Connecticut · 1928
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