Russell v. Monson
Supreme Court of Connecticut
Action on the case, brought before a justice of the peace in Litchfield county. The defendant pleaded in abatement, which plea the plaintiff traversed, and the justice rendered a judgment that the defendant answer over to the action. From this judgment the defendant appealed to the superior court next to be holden in. Litchfield county, giving bond with surety by recognizance to prosecute the appeal.
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Action on the case, brought before a justice of the peace in Litchfield county. The defendant pleaded in abatement, which plea the plaintiff traversed, and the justice rendered a judgment that the defendant answer over to the action. From this judgment the defendant appealed to the superior court next to be holden in. Litchfield county, giving bond with surety by recognizance to prosecute the appeal. In writing out the bond in the appeal papers the justice described the court to which the appeal was taken as the county court instead of the superior court. In the superior court, before…
1Opinion of the CourtCarpenter, J.
The time limited by statute for filing a motion in error is twenty-four hours after final judgment, with a discretionary power in the superior court to extend it to any time not exceeding ten days ; which motion must be “ that the record in such cause may be transmitted to the next Supreme Court of Errors which would have cognizance of a motion for a new trial in the cause, &c.” And a motion for a new trial shall be reserved “ for the advice of the Supreme Court of Errors next to be holden in the same county.” By these provisions the legislature must have intended the next term after the…
2Cases cited2 opinions
- Prosser v. ChapmanSupreme Court of Connecticut · 1861
- Blackman v. BehaSupreme Court of Connecticut · 1856
3Cited by3 opinions
- Drainage Dist. No. 5, Oklahoma County v. FerrellSupreme Court of Oklahoma · 1912
- Appeal of MullinsWisconsin Supreme Court · 1876
- Denton v. Town of DanburySupreme Court of Connecticut · 1880