Calhoun v. Porter
Supreme Court of Connecticut
This was an action of debt on judgment. The defendant pleaded the general issue, with notice of special matter to be given in evidence. The issue being closed to the court, the following facts were found by the judge.
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This was an action of debt on judgment. The defendant pleaded the general issue, with notice of special matter to be given in evidence. The issue being closed to the court, the following facts were found by the judge. The judgment on which this action of debt was brought, was rendered by the county court of Litchfield county, on the third Tuesday of December, 1849, in an action on book, brought by the present defendants against the plaintiffs, for the sum of 139 dollars, 49 cents, damages, and 34 dollars, 88 cents, costs of suit. Upon the trial of the cause before the court, the plaintiffs…
1Opinion of the CourtEllsworth, J.
The two questions reserved for our advice, are, first, whether the record of the county court, as perfected by the clerk, is admissible in evidence; and secondly, if so, are the facts of the case sufficient to entitle the plaintiffs to recover.
We do not hesitate to answer both questions in the affirmative., As to the first, it was the duty of the clerk to perfect the record, by inserting the costs, taxed and allowed. Nothing is more common, or unobjectionable. The judgment is considered as rendered during the sitting of the court, and the record speaks from the first day of the term, although…
2Cases cited2 opinions
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. MessengerMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Stallo v. WagnerCourt of Appeals for the Second Circuit · 1917
- Quinlan v. City National BankSupreme Court of Connecticut · 1926
- Neilson v. PerkinsSupreme Court of Connecticut · 1913