Galvin v. Birch

Wheelek,

C. J. In the replevin action herein, the defendant moved that the action be dismissed and the plaintiff nonsuited because the process did not contain any complaint. The trial court sustained the motion, denied plaintiff’s motion for permission to file a substituted complaint, and thereupon entered judgment as of nonsuit that defendant recover his costs. Upon appeal (97 Conn. 399, 116 Atl. 908) we sustained the ruling of the trial court upon the ground that the writ without a complaint was void, and that the allowance of the motion for dismissal and nonsuit reached the right result,…