Legal Opinion

Rogers v. Hendrick

Supreme Court of Connecticut

Decided March 7, 1912PublishedCited by 4 opinions

Action by the alleged bona fide assignee and owner of a foreign judgment to recover the amount thereof, brought to the Superior Court in New Haven County where a plea in abatement was stricken out and a plea in bar in the same words was sustained, Ralph Wheeler, J.; the plaintiff then filed a reply which, upon motion of the defendant, was stricken from the files (Curtis, J.) and, after a motion for leave to amend the complaint had been denied (Case, J.), judgment was…

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Action by the alleged bona fide assignee and owner of a foreign judgment to recover the amount thereof, brought to the Superior Court in New Haven County where a plea in abatement was stricken out and a plea in bar in the same words was sustained, Ralph Wheeler, J.; the plaintiff then filed a reply which, upon motion of the defendant, was stricken from the files (Curtis, J.) and, after a motion for leave to amend the complaint had been denied (Case, J.), judgment was rendered for the defendant, from which the plaintiff appealed.

1Opinion of the CourtHall, C. J.

The appeal in this case, and the writ of error between the same parties, ante, p. 260, were argued together in this court.

The language of the complaint in the present action, which was commenced January 17th, 1910, is identical with that of the complaint*in the action upon which the writ of error was based, and which is set forth in the record of that case. To the complaint in the present action the defendant filed an answer entitled “Plea in Bar and Abatement,” which was as follows: “The defendant pleads in bar to this action and says that the plaintiff therein ought not to have and maintain…

2Cases cited4 opinions

  1. Hubbell v. United StatesSupreme Court of the United States · 1898
  2. Brennan v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1903
  3. Brennan v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1900
  4. Flanders v. HallMassachusetts Supreme Judicial Court · 1893

3Cited by4 opinions

  1. Reilly v. StateSupreme Court of Connecticut · 1934
  2. Salem Park, Inc. v. Town of SalemSupreme Court of Connecticut · 1961
  3. Bruno v. GellerConnecticut Appellate Court · 2012
  4. Cottrell v. Connecticut Bank & Trust Co.Supreme Court of Connecticut · 1975

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