Andrews v. Thayer
Supreme Court of Connecticut
Trespass de bonis asportatis; brought to the City Court of the city of Waterbury. The declaration alleged “that heretofore the defendants with force and.arms, at &c., did seize, take, and carry away-from and out of the possession of the plaintiff, one horse, of the value of three hundred and fifty dollars.”
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Trespass de bonis asportatis; brought to the City Court of the city of Waterbury. The declaration alleged “that heretofore the defendants with force and.arms, at &c., did seize, take, and carry away-from and out of the possession of the plaintiff, one horse, of the value of three hundred and fifty dollars.” The defendants demurred specially to tlie declaration, assigning as cause of demurrer “ that the plaintiff has not alleged, or shown in his declaration, the day or time when the said several acts of trespass in the said declaration alleged and supposed to have been committed, or any of…
1Opinion of the CourtPark, J.
It is an elementary principle of the law of pleading that there must he an allegation in the declaration of the time when any material or traversable fact took place. If no time should he stated the declaration would he ill on demurrer. 1 Swift Dig., 601, 603, 640, 652, 651, 702; Story v. Barrell, 2 Conn., 665.
The allegation in the declaration “ that the defendants heretofore did seize &c.,” cannot he regarded as a sufficient allegation of the time when the trespass took place. It is in fact no allegation of any time. The word heretofore simply denotes time past in distinction from time…
2Cases cited13 opinions
- State v. MillerSupreme Court of Connecticut · 1856
- Church v. MeekerSupreme Court of Connecticut · 1867
- Holly v. BrownSupreme Court of Connecticut · 1841
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1859
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1857
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3Cited by5 opinions
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- Woods v. ColemanSupreme Court of Oklahoma · 1912
- Bean v. AyersSupreme Judicial Court of Maine · 1878