Phelps v. Sill
Supreme Court of Connecticut
In the Court below, THIS was an action on the case, stating, that in July, 1789, the plaintiff was a minor of nine years of age, and had no parents living ; that he resided in the Probate District of Simsbury, of which the defendant war, judge, and was the owner and legal possessor of ⅞2000 worth of personal estate, which was well known to the defendant; that the plaintiff being incapable to elect a guardian, the defendant, on the 19th of July-, 1789, did, as Judge of…
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In the Court below, THIS was an action on the case, stating, that in July, 1789, the plaintiff was a minor of nine years of age, and had no parents living ; that he resided in the Probate District of Simsbury, of which the defendant war, judge, and was the owner and legal possessor of ⅞2000 worth of personal estate, which was well known to the defendant; that the plaintiff being incapable to elect a guardian, the defendant, on the 19th of July-, 1789, did, as Judge of Probate for said District, appoint and .constitute*' Earl Stanley his guardian, who accepted the office; that the defendant…
1Opinion of the Court
*328The judgmént ⅛¾⅜ reversed.
By the Court.
In the opinion of this Court, the declaration is insufficient. It is uncertain ; and the facts therein stated furnish no ground of action against the defendant.
1. The declaration is uncertain. The averment is, that the plaintiff possessed personal estate of the value of two thousand dollars. It is, in this particular, altogether general, without specifying the personal estate intended. A more particular description of the estate is essential, as means of information to the defendant, for his defence. .To a claim so -loose, he cannot be presumed to be…
2Cited by16 opinions
- DeLaurentis v. City of New HavenSupreme Court of Connecticut · 1991
- Spring v. ConstantinoSupreme Court of Connecticut · 1975
- Parker v. StateCourt of Appeals of Maryland · 1995
- Pike v. MegounSupreme Court of Missouri · 1869
- Tompkins v. SandsNew York Supreme Court · 1832
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