Legal Opinion

Seymour v. Miller

Supreme Court of Connecticut

Decided February 15, 1865PublishedCited by 3 opinions

Petition for an injunction and for a new trial. The following facts were found by the superior court. Miller, the respondent, on the 30th of May, 1862, brought an action of trover against Seymour, the petitioner, returnable before a justice of the peace at Farmington in Hartford County, on the 20th day of June, when the parties appeared and were heard before the justice, and judgment was rendered for the defendant in the suit.

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Petition for an injunction and for a new trial. The following facts were found by the superior court. Miller, the respondent, on the 30th of May, 1862, brought an action of trover against Seymour, the petitioner, returnable before a justice of the peace at Farmington in Hartford County, on the 20th day of June, when the parties appeared and were heard before the justice, and judgment was rendered for the defendant in the suit. Miller took an appeal to the superior court to be holden at Hartford on the third Tuesday of July, 1862, and the cause was entered on the docket of the court on the 3d…

1Opinion of the Court

Hinman, O. J.

We think the facts found by the superior court in this case sufficient to justify the decree granting a new trial. The rule on the subject is very well stated in the late case of Day v. Welles, 31 Conn., 344, and the only question was, whether the facts brought the case within it. The claim is that they show negligence in the petitioner’s counsel in not making a thorough examination of the docket after the time for entering appeals had expired. No doubt the general practice of counsel is to give the name of the case to the clerk, and inform him that they appear for the appellee,…

2Cases cited1 opinion

  1. Day v. WellesSupreme Court of Connecticut · 1863

3Cited by3 opinions

  1. McCall v. HitchcockCourt of Appeals of Kentucky · 1872
  2. Gottschalk v. LembkeAppellate Court of Illinois · 1895
  3. Little v. StevensonAppellate Court of Illinois · 1930

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