Alderman Bros. Co. v. Westinghouse Air Brake Co.
Supreme Court of Connecticut
Plea in abatement to an appeal by the defendant from a judgment of the Superior Court in New Haven County, upon the ground that notice of appeal was not seasonably filed; the defendant filed a demurrer, and also an answer to this plea. The record shows the following situation: A verdict for the plaintiff was rendered and accepted November 23d, 1916. A motion to set it aside, as being against the evidence, was filed the same day.
Read the full summary
Plea in abatement to an appeal by the defendant from a judgment of the Superior Court in New Haven County, upon the ground that notice of appeal was not seasonably filed; the defendant filed a demurrer, and also an answer to this plea. The record shows the following situation: A verdict for the plaintiff was rendered and accepted November 23d, 1916. A motion to set it aside, as being against the evidence, was filed the same day. December 1st, 1916— November 30th being Thanksgiving Day—the defendant filed a notice of appeal stating that it appealed from the judgment. December 7th the motion to…
1Per curiam
The Superior Court has full power to correct its records to make them conform to the fact, and that correction may be made upon proper proceedings whenever an error is discovered. Weed v. Weed, 25 Conn. 337, 342. As the amended record in this case imports verity, we are controlled by its statement that the notice of appeal was filed December 1st, 1916.
The only statute prescribing the filing of a notice of appeal is § 790 of the General Statutes, which provides that every party desiring to take an appeal under the provisions of its chapter, being chapter 54, should, within one week after the…
2Cases cited3 opinions
- Weed v. WeedSupreme Court of Connecticut · 1856
- Hull v. ThomsSupreme Court of Connecticut · 1909
- Sommers v. AdelmanSupreme Court of Connecticut · 1916
3Cited by10 opinions
- Lamberti v. City of StamfordSupreme Court of Connecticut · 1944
- Nine State Street, LLC v. Planning & Zoning CommissionSupreme Court of Connecticut · 2004
- Brennan v. Town of FairfieldSupreme Court of Connecticut · 2001
- Gruber v. FriedmanSupreme Court of Connecticut · 1926
- Evergreen Cooperative, Inc. v. MichelConnecticut Superior Court · 1980
5 more not listed; retrieve them via the Exa API.