Chambers v. Robbins
Supreme Court of Connecticut
"Bill in Equity. The principal allegations of [ *553 ] the bill were as follows: that, on the 26th day of May, 1855, the plaintiff, together with David A. Mills and Martha G. Mills, his wife, of &c., took an appeal from a certain decree of the court of probate for the district of Hartford, passed on the 21st day of May, 1855, approving the will of Mary Robbins, late of said district, deceased, of whom the appellants were heirs at law, to the superior court then next to be…
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"Bill in Equity. The principal allegations of [ *553 ] the bill were as follows: that, on the 26th day of May, 1855, the plaintiff, together with David A. Mills and Martha G. Mills, his wife, of &c., took an appeal from a certain decree of the court of probate for the district of Hartford, passed on the 21st day of May, 1855, approving the will of Mary Robbins, late of said district, deceased, of whom the appellants were heirs at law, to the superior court then next to be holden at Hartford, on the 4th Tuesday of September, 1855, and that upon such appeal bonds for prosecution were duly given…
1Opinion of the Court
*HntMAN, J.
The defendant obtained his judg- [ *555 ] ment in violation of his agreement with the plaintiff that the case should be discontinued without costs. After an entry in the docket, which would have operated as a discontinuance, had been made, the defendant subsequently entered for costs. Whether this was done in consequence of a misunderstanding between the defendant and his counsel, or whether by the fraud of the defendant, can make no difference, since, in either case, it operates as a fraud upon the plaintiff. He had done every thing necessary or proper for him to do to carry out the…
2Cited by8 opinions
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- Gates v. SteeleSupreme Court of Connecticut · 1890
- Greenwaldt v. MayIndiana Supreme Court · 1891
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