Nichols v. Palmer
Supreme Court of Connecticut
error. THIS was an action of debt, brought against the defendant, as executor of the last will and testament of Noyes Palmer, deceased, on a bond executed by the deceased, in Ms life time, to the nlaintiff. A condition was annexed to the bond, which was recited at large in the declaration, and was of the following tenor, vis.
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error. THIS was an action of debt, brought against the defendant, as executor of the last will and testament of Noyes Palmer, deceased, on a bond executed by the deceased, in Ms life time, to the nlaintiff. A condition was annexed to the bond, which was recited at large in the declaration, and was of the following tenor, vis. “ That whereas, -some unhappy differences have arisen, and now exist between the said John Nichols and Sarah Nichols, his wife; ami they the said John and Sarah having finally concluded and determined to separate, to live ever hereafter, in a complete stale oí separation…
1Opinion of the CourtBaldw in, J.
The plaintiff in error, coni ends for lhc«-versal of the judgment, on the following grounds, viz.
1. That the declaration is sufficient.
*51i. That the pleadings do not disclose any fact3, which shew ¿hat the plainfiff cannot recover.
R. That no answer is given to the issue joined by the parties;;
As ¡he second point was admitted in the argument, ant! :he third is a question of practice merely ; the sufficiency of the declaration, demands our particular attention.
it is objected to the declaration, that it exhibits a contract, depending lor its basis, on an agreement between husband and wife to part…
2Cases cited2 opinions
- Goodwin v. GoodwinSupreme Court of Connecticut · 1810
- Sanford v. SanfordSupreme Court of Connecticut · 1807
3Cited by14 opinions
- Randall v. RandallMichigan Supreme Court · 1877
- Walker v. Walker'sSupreme Court of the United States · 1870
- Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852
- Wells v. StoutCalifornia Supreme Court · 1858
- Calkins v. LongNew York Supreme Court · 1855
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