Wolfe v. Beecher Manufacturing Co.
Supreme Court of Connecticut
Trespass on the case; brought to the Superior Court in New Haven County. The declaration alleged that the plaintiff was, on the first day of January, 1873, and for a long time prior thereto had been, and still was, the owner of a parcel of land on Center street in the city of Meriden, (describing it,) with a dwelling-house thereon in which, ever since its erection, the plaintiff and his family had resided and were now residing; that after the erection of the house, in the…
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Trespass on the case; brought to the Superior Court in New Haven County. The declaration alleged that the plaintiff was, on the first day of January, 1873, and for a long time prior thereto had been, and still was, the owner of a parcel of land on Center street in the city of Meriden, (describing it,) with a dwelling-house thereon in which, ever since its erection, the plaintiff and his family had resided and were now residing; that after the erection of the house, in the year 1873, the defendants, a joint stock corporation, erected on the other side of the same street, and very near the…
1Opinion of the Court
Park, 0. J.
In the court below the defendants filed a special demurrer to the plaintiff’s declaration, wherein among other causes of demurrer it is alleged that the declaration is *233insufficient for duplicity, inasmuch as it contains but one count, and in that count several distinct causes of action are set forth as grounds for the recovery of damages.
If this is so the declaration is of course insufficient, and the court below erred in not so deciding. But is it true that several causes of action are thus set forth ? It is true that the declaration contains but one count, and in that count the…
2Cited by3 opinions
- United Surety Co. v. SummersCourt of Appeals of Maryland · 1909
- Lyons v. Fairmont Real Estate Co.West Virginia Supreme Court · 1912
- Graham v. LowdenSupreme Judicial Court of Maine · 1940