Smith v. Hall
Supreme Court of Connecticut
Action to foreclose a judgment lien, brought to the Superior Court in New Haven County, where the defendant filed a cross-complaint asking for a new trial of the original action and for an injunction against the prosecution of the foreclosure suit, which, upon motion of the plaintiff the court, HorabaeJe, J., dismissed for want of jurisdiction and rendered a foreclosure judgment for the plaintiff, from which the defendant appealed for alleged errors in the rulings of the…
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Action to foreclose a judgment lien, brought to the Superior Court in New Haven County, where the defendant filed a cross-complaint asking for a new trial of the original action and for an injunction against the prosecution of the foreclosure suit, which, upon motion of the plaintiff the court, HorabaeJe, J., dismissed for want of jurisdiction and rendered a foreclosure judgment for the plaintiff, from which the defendant appealed for alleged errors in the rulings of the court. The original judgment was rendered in 1897 by the Superior Court for Litchfield county, and (after a partial…
1Opinion of the CourtBaldwin, J.
The cross-complaint asked the Superior Court sitting in one county to grant a new- trial for newly-discovered evidence, in a cause which had gone into judgment before the Superior Court in another county. A petition or motion for a new trial must always be addressed to the court in which the verdict or judgment that it seeks to set aside was rendered. Adams v. Kellogg, 1 Root, 255. The appellant is right in his position that the provision in the Constitution (Art. Y., §1) for “a Superior Court,” means that there shall be one and only one tribunal by that name. It was, however, within the…
2Cases cited2 opinions
- Carrington v. HolabirdSupreme Court of Connecticut · 1848
- Adams v. KelloggSupreme Court of Connecticut · 1791
3Cited by15 opinions
- Tyler v. AspinwallSupreme Court of Connecticut · 1901
- Allis v. HallSupreme Court of Connecticut · 1904
- Dudley v. HullSupreme Court of Connecticut · 1927
- Jarvis v. MartinSupreme Court of Connecticut · 1904
- Dante v. DanteSupreme Court of Connecticut · 1919
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