Bergkofski v. Ruzofski
Supreme Court of Connecticut
Action to recover $400 damages for slander, brought to the City Court of New Britain where the defendant filed a plea in abatement for defective service, which the court, Burr, J., sustained and dismissed the case, and the plaintiff appealed for alleged errors in the rulings of the court. In this court the defendant filed a motion to dismiss the appeal for lack of jurisdiction.
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Action to recover $400 damages for slander, brought to the City Court of New Britain where the defendant filed a plea in abatement for defective service, which the court, Burr, J., sustained and dismissed the case, and the plaintiff appealed for alleged errors in the rulings of the court. In this court the defendant filed a motion to dismiss the appeal for lack of jurisdiction. Before the return day in the City Court, the plaintiff filed a written motion for special bail, and on the return day objected to the filing by the defendant of a plea in abatement for defective service, until special…
1Opinion of the CourtHall, J.
The charter of the city of New Britain provides that in all cases in which the matter in demand shall exceed the sum of $300, an appeal from any final judgment rendered in its City Court “shall be had and allowed to either party ... to the next Superior Court of the county of Hartford.” Special Acts of 1895, p. 370.
Apparently the purpose of this provision was to permit an appeal to the Superior Court in a limited class of cases only, namely, those in which the matter in demand exceeded $300, without any reference to the right of appeal to the Supreme Court of Errors, either in such cases or…
2Cases cited1 opinion
- Hubbard v. ShalerSupreme Court of Connecticut · 1805
3Cited by3 opinions
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
- Lilley v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1904
- Lipinsky v. GillermanConnecticut Superior Court · 1949