Pettus v. Gault
Supreme Court of Connecticut
Suit to foreclose a mortgage of real estate and obtain possession of the mortgaged premises, brought to the Superior Court in New Haven County where demurrers to parts of the answer and amended answer were sustained (Roraback and Case, Js.), a part of the amended answer was stricken out (Thayer, J.) on motion, and the cause was afterward tried to the court, Gager, J.; facts found and judgment rendered for the plaintiffs, from which the defendant Gault appealed.
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Suit to foreclose a mortgage of real estate and obtain possession of the mortgaged premises, brought to the Superior Court in New Haven County where demurrers to parts of the answer and amended answer were sustained (Roraback and Case, Js.), a part of the amended answer was stricken out (Thayer, J.) on motion, and the cause was afterward tried to the court, Gager, J.; facts found and judgment rendered for the plaintiffs, from which the defendant Gault appealed. William Burr Wright, in his lifetime, received, from the then owners of the land described in the complaint, the note and mortgage,…
1Opinion of the CourtPrentice, J.
The first assignment of error charges that there was error in sustaining a demurrer filed to the second defense of the original answer of the defendant Gault. For this answer, in its entirety, another was later substituted, which in its turn was demurred to. When a defendant voluntarily files an amended or substitute answer after a former one has been adjudged insufficient on demurrer, he waives all right to except to the action of the court in sustaining the demurrer to the first answer. Mitchell v. Smith, 74 Conn. 125, 128, 49 Atl. 909; Burke v. Wright, 75 Conn. 641, 643, 55 Atl. 14. The…
2Cases cited13 opinions
- Waterbury Savings Bank v. LawlerSupreme Court of Connecticut · 1878
- Mitchell v. SmithSupreme Court of Connecticut · 1901
- McKelvey v. CreeveySupreme Court of Connecticut · 1900
- Frink v. BranchSupreme Court of Connecticut · 1844
- Gray v. FinchSupreme Court of Connecticut · 1855
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rossignol v. Danbury School of Aeronautics, Inc.Supreme Court of Connecticut · 1967
- Steinberger v. YoungCalifornia Supreme Court · 1917
- Royce v. Town of WestportSupreme Court of Connecticut · 1981
- Nikitiuk v. PishteySupreme Court of Connecticut · 1966
- Linahan v. LinahanSupreme Court of Connecticut · 1944
14 more not listed; retrieve them via the Exa API.