Billings v. McKenzie
Supreme Court of Connecticut
Action to recover damages for obstructing a pass-way, and for an injunction, brought to the Superior Court in New London County and tried to the jury before Shumway, ./.; verdict and judgment for the plaintiffs, and appeal by the defendant. Error in part.
1Opinion of the CourtThayer, J.
The court properly refused to set aside the verdict. The defendant’s claim in support of his motion to set it aside was that the plaintiffs had offered no evidence to prove that they were the executors of the will of Philip H. Billings, that being the capacity in which they sued. The full record of the Court of Probate for the district of Hartford, where Billings’ estate was in settlement, was laid in. It there appeared that the will was duly proved and approved by the Court of Probate, that the plaintiffs were therein named as executors, and that they accepted the trust and qualified. Other…
2Cases cited2 opinions
- Stow v. WyseSupreme Court of Connecticut · 1828
- Driscoll v. SmithMassachusetts Supreme Judicial Court · 1903
3Cited by8 opinions
- Buckley v. MaxsonSupreme Court of Connecticut · 1935
- Hackert v. EdwardsConnecticut Superior Court · 1961
- Sawtelle v. AstorCourt of Appeals of Tennessee · 1938
- Toms v. SettipaneConnecticut Superior Court · 1973
- Fanfesti v. EnglehardtConnecticut Superior Court · 1967
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