Camp v. Stevens
Supreme Court of Connecticut
Assumpsit, brought by the plaintiff as administrator of one Mary Humphrey, to the Superior Court for Litchfield County. The declaration was as follows: “ Then and there to answer unto Abel Camp, of Norfolk, in said Litchfield County, as he is the administrator on the estate of Mary Humphrey, late of said Norfolk, deceased, in a plea of the case, whereupon the plaintiff declares and says that the defendant, in and by a certain writing or note under his hand, by him well…
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Assumpsit, brought by the plaintiff as administrator of one Mary Humphrey, to the Superior Court for Litchfield County. The declaration was as follows: “ Then and there to answer unto Abel Camp, of Norfolk, in said Litchfield County, as he is the administrator on the estate of Mary Humphrey, late of said Norfolk, deceased, in a plea of the case, whereupon the plaintiff declares and says that the defendant, in and by a certain writing or note under his hand, by him well executed, dated the 7th day of April, 1855, promised to pay to the said Mary Humphrey, then in full life but since deceased,…
1Opinion of the Court
Park, O. J.
It does not expressly appear on the record, what answer the plaintiff made to the motion of the defendant to erase the cause from the docket. But it does appear that the court overruled the motion, which must have been done on the ground, either that it was insufficient in the law, or that it came too late to be entertained after the cause had been tried on its merits and gone into judgment. If the latter ground was the basis of the ruling, the entry upon the record ought to have been that the court refused to entertain the motion on the ground that it came too late. We think that…
2Cases cited3 opinions
- Denison v. DenisonSupreme Court of Connecticut · 1843
- Hoey v. HoeySupreme Court of Connecticut · 1870
- Nichols v. HastingsSupreme Court of Connecticut · 1869
3Cited by1 opinion
- Davis v. Town of SeymourSupreme Court of Connecticut · 1890