Howland v. Couch
Supreme Court of Connecticut
Assumpsit, upon the common counts; brought before a justice of the peace, and appealed by the defendant to the Court of Common Pleas. In that court the plaintiff filed the following bill of particulars: “1874, June.
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Assumpsit, upon the common counts; brought before a justice of the peace, and appealed by the defendant to the Court of Common Pleas. In that court the plaintiff filed the following bill of particulars: “1874, June. To cash, $10; one wagon, $40; work, $5; money had and received, $35 = $90.” He also at the same time filed two additional counts, the first of which was as follows (the second not varying from it in any thing essential to the case): And the plaintiff further declares, in a plea of the case, that on or about the 23d day of June, 1874, in consideration that the plaintiff, at the…
1Opinion of the CourtLoomis, J.
This action was originally brought before a justice of the peace, by a writ and declaration in assumpsit, containing only the common counts, upon which, under the plea of the general issue, a trial was had, which resulted in a judgment for the plaintiff. The defendant then appealed the case to the Court of Common Pleas, which allowed the plaintiff to amend his declaration by adding special counts m assumpsit. The allowance of this amendment is claimed to be illegal on two grounds:—1st, that the right to amend the declaration does not exist after a case has been appealed to a higher court; and…
2Cases cited16 opinions
- Curtiss v. BeardsleySupreme Court of Connecticut · 1843
- Judson v. BlanchardSupreme Court of Connecticut · 1821
- Nash v. AdamsSupreme Court of Connecticut · 1855
- Fowler v. Charles BishopSupreme Court of Connecticut · 1864
- Bulkley v. AndrewsSupreme Court of Connecticut · 1873
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3Cited by4 opinions
- Baker v. BakerSupreme Court of Connecticut · 1974
- Johnston v. SikesConnecticut Superior Court · 1888
- Durbin v. Northwestern Scraper Co.Indiana Court of Appeals · 1905
- Lee v. New Haven, M. & W. R.U.S. Circuit Court for the District of Connecticut · 1877