Rogers v. Hendrick
Supreme Court of Connecticut
Writ or error to reverse a judgment of the Superior Court in New Haven County (Shumway, J.) rendered in favor of the defendant in error.
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Writ or error to reverse a judgment of the Superior Court in New Haven County (Shumway, J.) rendered in favor of the defendant in error. It appears by this writ of error that the plaintiff therein, on the 19th of October, 1909, brought an action to the Superior Court in New Haven County to recover upon a judgment rendered by the Supreme Court of New York, and assigned to the plaintiff, upon which action such proceedings were had as are indicated by the following record, made a part of this writ of error, and printed in the footnote.*
1Opinion of the CourtHall, C. J.
The writ of error alleges that the Superior Court erred in overruling the plaintiff’s demurrer to the plea in abatement, and in rendering judgment for the defendant upon an issue outside of the issues appearing in the pleadings.
Ordinarily a plea in abatement does not go to the merits, but to the form of an action. There are, however, exceptions to this rule, and there are cases in which the same matter may be reached by plea in abatement, plea in bar, by demurrer, or by an answer of general denial. 1 Swift’s Digest, s. p. 606.
Apparently the defendant’s purpose was to allege by the plea in…
2Cases cited5 opinions
- Phoenix Ins. Co. v. CareySupreme Court of Connecticut · 1908
- Schaferman v. O'BrienCourt of Appeals of Maryland · 1868
- Richardson v. RowlandSupreme Court of Connecticut · 1873
- Cummings v. City of HartfordSupreme Court of Connecticut · 1897
- Lancaster Trust Co. v. LongSupreme Court of Pennsylvania · 1908
3Cited by14 opinions
- Brown v. CraySupreme Court of Connecticut · 1914
- Draper v. ZebecIndiana Supreme Court · 1941
- Mall v. LaBowConnecticut Appellate Court · 1993
- Leventhal Furniture Co. v. Crescent Furniture Co.Supreme Court of Connecticut · 1936
- Crighton v. JacobsSupreme Court of Connecticut · 1924
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