Curtis v. Gill
Supreme Court of Connecticut
Trespass quare clausum fregit, brought before a justice of the peace in New Haven county, the writ demanding fifty dollars damages. The defendants pleaded the general issuq, with notice that they should claim and prove a right of way over the land in question, and that the acts claimed to be a trespass were done in the reasonable exercise of the right. The justice rendered judgment for one dollar damages and $18.18 costs, and the defendants appealed to the superior court.
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Trespass quare clausum fregit, brought before a justice of the peace in New Haven county, the writ demanding fifty dollars damages. The defendants pleaded the general issuq, with notice that they should claim and prove a right of way over the land in question, and that the acts claimed to be a trespass were done in the reasonable exercise of the right. The justice rendered judgment for one dollar damages and $18.18 costs, and the defendants appealed to the superior court. In the superior court the appellee filed the following plea in abatement of the appeal. “ And now the appellee comes into…
1Opinion of the CourtCarpenter, J.
1. The appellant objects that the appellee’s plea in abatement is formally defective, inasmuch as it does not allege in express terms that the judgment rendered by the justice did not exceed five dollars. Without stopping to inquire whether a motion ore tenus would not have been sufficient as all the facts appear of record, we are of the opinion that the plea is sufficient. It expressly alleges that the judgment appealed from “ was for the sum of one dollar damages and costs of suit.” If therefore the term judgment, as used in this statute, does not include costs, the court can have no…
2Cases cited2 opinions
- Beers v. BeersSupreme Court of Connecticut · 1823
- Colt v. EvesSupreme Court of Connecticut · 1837
3Cited by19 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Sanzone v. Board of Police CommissionersSupreme Court of Connecticut · 1991
- City of Hartford v. Hartford Theological SeminarySupreme Court of Connecticut · 1895
- Vivian's Appeal From ProbateSupreme Court of Connecticut · 1901
- State v. PerrellaSupreme Court of Connecticut · 1957
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