Weed v. Weed
Supreme Court of Connecticut
This was a petition to the superior court for the county of Fairfield, praying for the correction of the record of a judgment, in an action at law, between the same parties, rendered at a preceding term; and also for an injunction against the use of such record to defeat an action of ejectment then pending.
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This was a petition to the superior court for the county of Fairfield, praying for the correction of the record of a judgment, in an action at law, between the same parties, rendered at a preceding term; and also for an injunction against the use of such record to defeat an action of ejectment then pending. It was alledged in the petition, that the plaintiff brought his action at law against the defendants, and attached certain real estate ; that before the superior court, for the county of Fairfield, at the October term 1851, he recovered a verdict for the sum of $745.85 damages and $76.54…
1Opinion of the CourtWaite, C. J.
Several objections have been made against the decisions in the court below.
In the first place it is said, that the court had no power to make the correction prayed for, and therefore ought to have dismissed the petition as insufficient.
The county and superior courts, in this state, both by statute and the common law, have long exercised the power of setting aside a judgment and granting a new trial, for reasonable cause, not only upon motion made, at the term when the judgment was rendered, but upon a petition brought to any subsequent term, within the three years limited by the statute.
And…
2Cited by30 opinions
- Kaufman v. ShainCalifornia Supreme Court · 1896
- Dwight v. HazlettWest Virginia Supreme Court · 1929
- Cichy v. KostykSupreme Court of Connecticut · 1956
- Verzier v. ConvardSupreme Court of Connecticut · 1902
- Berthold v. FoxSupreme Court of Minnesota · 1874
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