Schroeder v. Tomlinson
Supreme Court of Connecticut
Weit of error to reverse tire judgment of a justice of the peace in an action of summary process, brought to the Court of Common Pleas in New Haven County and reserved by that court, upon an agreed statement of facts, for the consideration and advice of this court.
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Weit of error to reverse tire judgment of a justice of the peace in an action of summary process, brought to the Court of Common Pleas in New Haven County and reserved by that court, upon an agreed statement of facts, for the consideration and advice of this court. The complaint, after reciting a lease from Theodore King to the plaintiff in error, hi 1869, for her life, for a residence only for herself, she covenanting not to assign the lease or underlet or otherwise dispose of all or any part of the premises without his written permission, and that if she should the lease should thereupon…
1Opinion of the CourtBaldwin, J.
The original action was not abateable by reason of the error in the date of the summons. General Statutes, §1000.
It is claimed that the complaint was insufficient for want of an allegation that the underletting by the plaintiff in error was without the written consent of the lessor or his assigns, and that this omission was reached by a demurrer interposed before the justice of the peace, to the second reply to the second defense, on the principle that a demurrer searches the whole record and attaches ultimately to the first substantial defect. The second reply set up an assignment of the…
2Cases cited6 opinions
- Robinson v. ClappSupreme Court of Connecticut · 1895
- Hamilton v. NuttSupreme Court of Connecticut · 1868
- Fish v. SawyerSupreme Court of Connecticut · 1836
- Coe v. StowSupreme Court of Connecticut · 1831
- Wheaton v. DyerSupreme Court of Connecticut · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Webb v. AmblerSupreme Court of Connecticut · 1939
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- Connecticut Tool & Manufacturing Co. v. Bowsteel Distributors, Inc.Pennsylvania Court of Common Pleas · 1963
- La. Building & Contracting Co. v. BeninatiLouisiana Court of Appeal · 1920
1 more not listed; retrieve them via the Exa API.