Ives v. Finch
Supreme Court of Connecticut
This was a motion in error, brought to the superior court, holden at New Haven, at the January term, 1852, to reverse an order of the county court, made in a cause, wherein Finch was plaintiff, and Ives the defendant. The action was assumpsit, demanding thirty dollars damages, and was originally brought before a justice court, hold-en on the 17th day of August, 1850, when judgment was rendered in favor of Finch, the plaintiff.
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This was a motion in error, brought to the superior court, holden at New Haven, at the January term, 1852, to reverse an order of the county court, made in a cause, wherein Finch was plaintiff, and Ives the defendant. The action was assumpsit, demanding thirty dollars damages, and was originally brought before a justice court, hold-en on the 17th day of August, 1850, when judgment was rendered in favor of Finch, the plaintiff. From that judgment, the defendant, Ives, took an appeal to the county court, and as principal, entered into a recognizance to the adverse party, in the sum of forty…
1Opinion of the CourtWaite, J.
The principle, involved in the present case is, whether the omission of the defendant, to procure a surety upon his bond, rendered the appeal void, or only voidable, at the election of the plaintiff. And we are of opinion, that the latter effect only was produced. Had the demand been less than seven dollars, or the appeal taken to the superior court, the appeal would have been void. In either case, the court would not have had jurisdiction, and would have been perfectly justified, in ordering the cause stricken from the docket.
But the cause was appealable, and the appeal was taken to the…
2Cited by12 opinions
- State v. Port of TillamookOregon Supreme Court · 1912
- Thompson v. LeaSupreme Court of Alabama · 1856
- Orcutt's Appeal From ProbateSupreme Court of Connecticut · 1892
- Morse v. RankinSupreme Court of Connecticut · 1883
- Wooley v. WilliamsSupreme Court of Connecticut · 1927
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