Griffin v. Gilbert
Supreme Court of Connecticut
Trespass, brought. originally. before a justice of the peace, and appealed by the defendant to the superior, court. The declaration contained three counts, the first-of which was as follows :—In a plea-of trespass, whereupon the plaintiff, declares and says that heretofore, to wit, on the 1st day of January,. 1858, he was, and ever since has been, lawfully seized and possessed of a certain tract-of land, situated &q., [describing it.] And the plaintiff says that heretofore,…
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Trespass, brought. originally. before a justice of the peace, and appealed by the defendant to the superior, court. The declaration contained three counts, the first-of which was as follows :—In a plea-of trespass, whereupon the plaintiff, declares and says that heretofore, to wit, on the 1st day of January,. 1858, he was, and ever since has been, lawfully seized and possessed of a certain tract-of land, situated &q., [describing it.] And the plaintiff says that heretofore, to wit, on the 1st day of June, 1858, and on divers other days and times between that day and the commencement of this…
1Opinion of the CourtStorrs, C. J.
The only question made by the plaintiff in error, is, whether the declaration on which judgment was rendered in this case is defective, for the reason that the last count in it is in case, and for a different cause of action from that which is set forth in the other two counts with which it is united, and which are confessedly in trespass. Both of these conditions are necessary in order to invalidate the declaration, since the passage of the act of 1886, (Rev. Stat., tit. 1, § 274,) providing that counts in trespass on the case founded in tort and counts in trespass, for the same cause of…
2Cited by4 opinions
- Prouty v. MatherSupreme Court of Vermont · 1877
- Garber v. SprayWyoming Supreme Court · 1917
- Minter v. GoseWyoming Supreme Court · 1904
- Munn v. CookNew York Supreme Court · 1890