Beers v. Beers
Supreme Court of Connecticut
IN ERROR. This was an action of trespass quare clausum fregit, demanding thirty dollars damages, brought originally before Elijah Middlebrook, Esq. justice of the peace for the county of Fairfield. The defendant entered a general demurrer to the declaration, in which the plaintiff joined; and judgment was, thereupon, rendered for the plaintiff. The defendant then brought a writ of error in the superior court, assigning for error.
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IN ERROR. This was an action of trespass quare clausum fregit, demanding thirty dollars damages, brought originally before Elijah Middlebrook, Esq. justice of the peace for the county of Fairfield. The defendant entered a general demurrer to the declaration, in which the plaintiff joined; and judgment was, thereupon, rendered for the plaintiff. The defendant then brought a writ of error in the superior court, assigning for error. That said justice Middlebrook could not, by the laws and constitution of this state, hold jurisdiction of said cause, or deprive the parties of the legal and…
1Opinion of the Court
Hosmer, Ch. J.
An action of trespass was brought before a justice of the peace, in which the plaintiff demanded thirty dollars damages. To the declaration, the parties joined in a demurrer; and the same having been considered sufficient, judgment was rendered for the plaintiff. The defendant below has instituted a writ of error, and for cause has specially alleged, that the said justice ought not, and could not, by the laws and constitution of the state of Connecticut, hold jurisdiction of the aforesaid cause, as he had no right to summon in a jury, and therefore could not legally ascertain…
2Cited by44 opinions
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