Sanford v. Bacon
Supreme Court of Connecticut
Action upon the statute to recover damages for fraud in concealing property from attachment, brought to the City Court of New Haven, where the defendant filed a plea to the jurisdiction upon the ground that the complaint contained no ad damnum clause, and the plaintiff thereupon asked leave to amend; the court, Dow, J., denied the motion, sustained the plea and dismissed the cause, and the plaintiff appealed.
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Action upon the statute to recover damages for fraud in concealing property from attachment, brought to the City Court of New Haven, where the defendant filed a plea to the jurisdiction upon the ground that the complaint contained no ad damnum clause, and the plaintiff thereupon asked leave to amend; the court, Dow, J., denied the motion, sustained the plea and dismissed the cause, and the plaintiff appealed. In this court the appellee filed a plea in abatement upon the ground that the appeal had not been seasonably taken. Overruled. The case is sufficiently stated in the opinion.
1Opinion of the CourtHall, J.
The complaint, containing several counts, alleged an indebtedness of the defendant to the plaintiff of $255, and that the defendant had concealed and conveyed away certain property and rights of action to prevent them from being taken on legal process.
The writ contained no other ad damnum clause than the words : “ The plaintiff claims by force of the statute in such case provided $ damages.”
Upon the defendant’s motion the case was erased from the docket, upon the ground that the court had no jurisdiction of the action, and the court refused to allow an amendment, filed within thirty days…
2Cases cited6 opinions
- Beard's Appeal from County CommissionersSupreme Court of Connecticut · 1894
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- White v. HowdSupreme Court of Connecticut · 1895
- Woodruff v. BaconSupreme Court of Connecticut · 1867
- Deveau v. SkidmoreSupreme Court of Connecticut · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Palmer v. ReevesSupreme Court of Connecticut · 1935
- Equitable Trust Co. v. PlumeSupreme Court of Connecticut · 1918
- Receivers Middlesex Banking Co. v. Realty Investment Co.Supreme Court of Connecticut · 1926
- Governors Grove Condominium Assn., Inc. v. Hill Development Corp.Supreme Court of Connecticut · 1982
- Galway v. Doody Steel Erecting Co.Supreme Court of Connecticut · 1925
8 more not listed; retrieve them via the Exa API.