Avery v. Fitch
Supreme Court of Connecticut
IN ERROR. This was an action of book debt, brought by Fitch against Avery, before the county court, by writ dated the 18th of April, 1818. The cause being appealed to the superior court, the defendant, at the September term, 1819, pleaded, That after the date and service of the plaintiff’s writ, and after the session of the county court, to which such writ was returnable, the plaintiff, by writ dated July 9th, 1819, brought his action on book against the defendant, before…
Read the full summary
IN ERROR. This was an action of book debt, brought by Fitch against Avery, before the county court, by writ dated the 18th of April, 1818. The cause being appealed to the superior court, the defendant, at the September term, 1819, pleaded, That after the date and service of the plaintiff’s writ, and after the session of the county court, to which such writ was returnable, the plaintiff, by writ dated July 9th, 1819, brought his action on book against the defendant, before Joel Loomis, Esq. a justice of the peace, at his dwelling-house in Lyme, on the 20th of July, 1819, demanding the sum of…
1Opinion of the Court
Hosmer, Ch. J.
Fitch brought his action of book debt against Avery, before the county court, by writ dated the 18th of April, 1819. To this action Avery pleaded in bar, that by writ dated July 9th, 1819, Fitch instituted an action on book against him, before Justice Loomis, demanding seven dollars, to which the general issue was pleaded, and judgment for 4 dollars, 42 cents, was rendered in favour of the plaintiff. To this plea a replication was made, averring, among other things, that the book debt, on which judgment was obtained before the justice, accrued or grew due after the date and…
2Cases cited2 opinions
- Bunnel v. PintoSupreme Court of Connecticut · 1818
- Lane v. CookU.S. Circuit Court for the District of Connecticut · 1808
3Cited by2 opinions
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- Beck v. DevereauxNebraska Supreme Court · 1879