Legal Opinion

Temple v. Gilbert

Supreme Court of Connecticut

Decided December 19, 1912PublishedCited by 19 opinions

Action to recover damages for personal injuries alleged to have been- caused by the defendant’s negligence, brought to the Superior Court in New Haven County, where a plea in abatement and to the jurisdiction was overruled (Gager, J.) and the cause was afterward tried to the jury before Gager, J.; verdict and judgment for the plaintiff for $5,000, and appeal by the defendant.

1Opinion of the CourtRoraback, J.

The defendant’s plea.to the jurisdiction was properly held insufficient.

The cause of abatement alleged was that the defendant was described in the writ as a nonresident of the State and service of process was not made upon him in the manner required for service upon nonresident defendants. The writ described the defendant as “now of parts unknown, County of New Haven, State of Connecticut.” General words may sometimes be explained or qualified by special words which follow the general recital. In the case before us, the last clause of the description of the residence of the defendant: “County…

2Cases cited4 opinions

  1. Taylor v. Town of MonroeSupreme Court of Connecticut · 1875
  2. McGar v. Borough of BristolSupreme Court of Connecticut · 1899
  3. Steinert v. WhitcombSupreme Court of Connecticut · 1911
  4. State v. CookSupreme Court of Connecticut · 1902

3Cited by19 opinions

  1. Willoughby v. City of New HavenSupreme Court of Connecticut · 1937
  2. Cruce v. Gulf, Mobile & Ohio RailroadSupreme Court of Missouri · 1951
  3. Brown v. Town of BranfordConnecticut Appellate Court · 1987
  4. Anderson & McPadden, Inc. v. TunucciSupreme Court of Connecticut · 1975
  5. State v. GenovaSupreme Court of Connecticut · 1954

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