Tucker v. Baldwin
Supreme Court of Connecticut
error. This was an action of trespass quare clausum fregit, brought originally by Chauncey Baldwin against Leonard Tucker and three other persons, before a justice of the peace, and appealed to the county court.
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error. This was an action of trespass quare clausum fregit, brought originally by Chauncey Baldwin against Leonard Tucker and three other persons, before a justice of the peace, and appealed to the county court. The defendants pleaded, 1st, the general issue ; and 2ndly, a special plea, alleging, that if the defendants committed the trespass mentioned in the declaration, it was done by them jointly, on the'20th of August, 1833; and that afterwards, viz. on the 22nd of September, 1834, the plaintiff, in and by a certain writing or release, under his hand, by him well executed, in consideration…
1Opinion of the CourtChurch, J.
The plaintiffs in error except to the charge of the county court, because, as they believe, the true doctrine regarding the nature and effect of receipts was not stated to the jury. But if we believe, that the charge was in effect such as the defendants in the court below requested, we must say, that they have no right to demand a revisal of the judgment for any mistake in the charge.
It appears by the bill of exceptions, that the defendants below claimed, on the trial, first, that the receipt in question was given to extinguish all controversies which the parties to it then had against each…
2Cases cited2 opinions
- Ensworth v. DavenportSupreme Court of Connecticut · 1832
- Brace v. CatlinSupreme Court of Connecticut · 1804
3Cited by10 opinions
- International & Great Northern Railway Co. v. SeinTexas Supreme Court · 1895
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Allis v. HallSupreme Court of Connecticut · 1904
- Folwell v. HowellSupreme Court of Connecticut · 1933
- Carbough v. StateCourt of Criminal Appeals of Texas · 1906
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