Phelps v. Hurd
Supreme Court of Connecticut
Book debt, with the common counts in assumpsit; referred to an auditor, who reported a sum due the plaintiff “ to balance book accounts.” Motion in arrest of judgment by the’ defendant for misjoinder of counts. The court found on the motion that the defendant made no objection to the plaintiff’s declaration until after the acceptance of the auditor’s report, and reserved the case for the advice of this court.
1Opinion of the CourtDutton, J.
The declaration in this case, it is admitted, contains a count in book debt and one or more counts in assumpsit, demanding fifty dollars. They are not alleged to be for the same cause of action. The suit was brought before a justice of the peace and tried by him on the general issue, resulting in a judgment for the plaintiff. The defendant appealed, and without any change of plea, the case was sent by the superior court to an auditor, who reported a sum due to the plaintiff “ to balance book accounts.” The report was accepted, when the defendant moved in arrest, on the ground of a misjoinder…
2Cases cited1 opinion
- Boerum v. TaylorSupreme Court of Connecticut · 1848
3Cited by1 opinion
- Howland v. CouchSupreme Court of Connecticut · 1875