Cady v. Gay
Supreme Court of Connecticut
Assumpsit, tried before Seymour, J., in the superior court. Plea in abatement for defective service, replication and rejoinder, and judgment for the defendant. Motion in error by the plaintiffs. The case is sufficiently stated in the opinion.
1Opinion of the CourtHinman, C. J.
The copy of the writ and declaration left in service with the defendant in this cause was not certified or attested by the officer to be a true copy, and there was a plea in abatement in the court below on this account. This being the only service, there can be no doubt that there was sufficient cause of abatement. The replication admits the truth of the plea, but attempts to avoid the effect of it by the allegation that at the time of the supposed service the defendant was not an inhabitant of the state and had no usual place of residence therein; and upon this replication the plaintiffs…
2Cases cited1 opinion
- Colburn v. TollesSupreme Court of Connecticut · 1840
3Cited by7 opinions
- State v. CaplanSupreme Court of Connecticut · 1912
- Carter v. CarterSupreme Court of Connecticut · 1960
- Munger v. Elizabeth DoolanSupreme Court of Connecticut · 1903
- Feldmann v. SebastianSupreme Court of Connecticut · 2002
- Walko v. WalkoSupreme Court of Connecticut · 1894
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