Banks v. Porter
Supreme Court of Connecticut
Summary Prooess to recover possession of leased premises; brought originally before a justice of the peace, by whom judgment was rendered for the plaintiffs, which judgment on a writ of error was reversed by the Superior Court and the case by order of the court entered on the docket of that court* " for re-trial.
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Summary Prooess to recover possession of leased premises; brought originally before a justice of the peace, by whom judgment was rendered for the plaintiffs, which judgment on a writ of error was reversed by the Superior Court and the case by order of the court entered on the docket of that court* " for re-trial. It was thus entered at the October term, 1868];mJ and came by continuances to the December term, 1871, when w the defendant moved that the cause be stricken from the docket on the ground that the Superior Court had no jurisdiction of the case, and the court (Sanford, J.,') ordered it…
1Opinion of the CourtButler, C. J.
Neither the order of the Superior Court, supplemental to the judgment on the writ of error, directing :N the case to be entered for trial in the Superior Court, nor any lapse of time thereafter, could affect the right of the defendant C^.’jo file his motion to erase. It has been many times holden, V/and the rule is well settled in this state, that our courts may erase a case from the docket at any time or in any stage of the proceedings, when they discover that they have no jurisdiction of the subject-matter.
The Superior Court had no jurisdiction of the subject-matter of this case. The…
2Cases cited1 opinion
- Hale v. WigginsSupreme Court of Connecticut · 1865
3Cited by10 opinions
- Webb v. AmblerSupreme Court of Connecticut · 1939
- Woodmont Ass'n v. Town of MilfordSupreme Court of Connecticut · 1912
- Atlantic Refining Co. v. O'KeefeSupreme Court of Connecticut · 1945
- Fort Orange Barbering Co. v. New Haven Hotel Co.Supreme Court of Connecticut · 1917
- State ex rel. Kansas City Auditorium Co. v. AllenMissouri Court of Appeals · 1891
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