Smith v. Jewell
Supreme Court of Connecticut
Action in tlie nature of scire facias to recover the amount of a penalty for the violation of a temporary injunction obtained by the plaintiffs, brought to the Court of Common Pleas in Litchfield County and tried to the court, Welch, J., upon the defendants’ demurrer to the complaint; the court sustained the demurrer, held the complaint insufficient, and rendered judgment for the defendants, from which the plaintiffs appealed for alleged errors in the rulings of the court.
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Action in tlie nature of scire facias to recover the amount of a penalty for the violation of a temporary injunction obtained by the plaintiffs, brought to the Court of Common Pleas in Litchfield County and tried to the court, Welch, J., upon the defendants’ demurrer to the complaint; the court sustained the demurrer, held the complaint insufficient, and rendered judgment for the defendants, from which the plaintiffs appealed for alleged errors in the rulings of the court. The plaintiffs alleged that on the 19th day of January, 1897, they brought a civil action to the Court of Common Pleas in…
1Opinion of the CourtAndrews, C. J.
The demurrer was the appropriate means to present the defect in the complaint claimed by the defendants. If it appears on the face of the complaint that the action is prematurely brought, it is fatal on demurrer. Gould, PL Chap. V, §§187, 138; Southey v. Dowling, 70 Conn. 153, 157.
We think there is no error in the judgment of the Court of Common Pleas upon the demurrer. The complaint does not show any final judgment in favor of the plaintiffs. A scire facias does not lie except on a judgment or some matter of record in the nature of a judgment. In the case of Smyth v. Ripley, 32 Conn. 156,…
2Cases cited5 opinions
- William Rogers Manufacturing Co. v. RogersSupreme Court of Connecticut · 1871
- Davidson v. MurphySupreme Court of Connecticut · 1839
- Sherwood v. StevensonSupreme Court of Connecticut · 1857
- Smyth v. RipleySupreme Court of Connecticut · 1864
- Southey v. DowlingSupreme Court of Connecticut · 1898
3Cited by7 opinions
- Doe v. MansonSupreme Court of Connecticut · 1981
- Wehrhane v. PeytonSupreme Court of Connecticut · 1948
- Garguilo v. MooreSupreme Court of Connecticut · 1968
- Dickerman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1899
- Dart v. MecumConnecticut Superior Court · 1955
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