Draper v. Moriarty
Supreme Court of Connecticut
Assumpsit, brought to the Superior Court in Hartford County. The defendant pleaded in abatement, the plaintiff traversed the plea, and the court (Martin, J.,~) found the allegations of the plea to be true and rendered judgment upon it for the defendants. Motion in error by the plaintiffs. The case is sufficiently stated in the opinion.
1Opinion of the CourtGranger, J.
This is an action of assumpsit. The writ was against John H. Moriarty and James Moriarty, both of Hartford, late partners under the name of Moriarty Brothers, and was made returnable on the first Tuesday of May, 1877. No service of the writ was made upon John Moriarty, but a copy was left with James Moriarty, who appeared before the court and filed a plea in abatement, upon the ground that no service of the writ was ever made on John Moriarty. Upon this plea the court found “ that two copies of the writ, with the officer’s doings thereon endorsed, were left with James Moriarty, one of the…
2Cases cited3 opinions
- Palmer v. HydeSupreme Court of Connecticut · 1822
- Wilcox v. ChambersSupreme Court of Connecticut · 1867
- Colburn v. TollesSupreme Court of Connecticut · 1840
3Cited by8 opinions
- Rogozinski v. American Food Service Equipment Corp.Supreme Court of Connecticut · 1989
- Budd v. Meriden Electric RailroadSupreme Court of Connecticut · 1897
- Walko v. WalkoSupreme Court of Connecticut · 1894
- Connecticut Tool Mfg. v. Bowsteel DistributorsConnecticut Superior Court · 1963
- First Federal Savings & Loan Ass'n of Rochester v. PellechiaConnecticut Appellate Court · 1993
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