Anderson v. Gregory
Supreme Court of Connecticut
Assumpsit for work done; brought to the Court of Common Pleas of Fairfield County. The writ was dated December 10th, 1874, and claimed three hundred" dollars damages.
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Assumpsit for work done; brought to the Court of Common Pleas of Fairfield County. The writ was dated December 10th, 1874, and claimed three hundred" dollars damages. The defendant pleaded the general issue, and also a special plea in bar, alleging that the plaintiff, at the term of the same court holden in June, 1874, brought a suit against the defendant upon the same cause of action, that the defendant pleaded in said suit that the plaintiff was at the commencement of said suit and still remained indebted to him for goods sold and delivered in the sum of fifty dollars over and above any…
1Opinion of the CourtPap.k, C. J.
A statute has been in existence in this state since 1650 which provides that a plaintiff in any action may withdraw the same, or become non-suit, at any time before the jury shall have rendered their verdict in the cause; in which case he shall pay cost to the defendant, if the defendant has entered appearance in the case. Gen. Statutes, Rev. of 1875, p. 418, sec. 13.
This statute applies as well to actions brought for the recovery of debts, in which mutual debts may be set off, as it does *63to actions where such right of set-off does not exist. The language of the act is general—the plaintiff…
2Cases cited1 opinion
- Homer v. BrownSupreme Court of the United States · 1854
3Cited by6 opinions
- State Ex Rel. Haskell v. HustonSupreme Court of Oklahoma · 1908
- Lusas v. St. Patrick's Roman Catholic Church Corp.Supreme Court of Connecticut · 1937
- Boothe v. ArmstrongSupreme Court of Connecticut · 1904
- Huffstutler v. Louisville Packing Co.Supreme Court of Alabama · 1908
- Richards v. Greyhound Lines, Inc.Connecticut Appellate Court · 1972
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