Denton v. Town of Danbury
Supreme Court of Connecticut
Civil action, brought originally before a justice of the peace, and. appealed by the defendant to the Court of Common Pleas of Fairfield County, and tried in that court to the jury before Sail, J. The jury having returned a verdict for the plaintiff, the defendant filed a motion in error, assigning as error the overruling by the court of a motion to erase the case from the docket for want of jurisdiction, made by him before the trial to the jury.
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Civil action, brought originally before a justice of the peace, and. appealed by the defendant to the Court of Common Pleas of Fairfield County, and tried in that court to the jury before Sail, J. The jury having returned a verdict for the plaintiff, the defendant filed a motion in error, assigning as error the overruling by the court of a motion to erase the case from the docket for want of jurisdiction, made by him before the trial to the jury. The case is -fully stated in the opinion.
1Dissent
Loomis, J.,
(dissenting.) _ I concede the premises upon which the reasoning contained in the majority opinion proceeds, so far as to admit that the word “judgment,” when used in a statute without qualification, must be construed to mean the final or completed judgment in a cause, and not the decision of the court overruling a demurrer, or ordering the defendant to answer over after a plea in abatement. If, therefore, the statute had remained as in the Revision of 1866, p. 19, sect. 88, authorizing an appeal from the judgment of a justice of the peace rendered in any case, it would be clear…
2Cases cited1 opinion
- Russell v. MonsonSupreme Court of Connecticut · 1866