Savings Bank of Danbury v. Downs
Supreme Court of Connecticut
Action of scire facias brought to the Superior Court in New Haven County where the defendant filed a motion to dismiss the case for want of jurisdiction, which was granted by the court, Roraback, J., and the plaintiff appealed for alleged error of the court in so doing. The writ and complaint followed, in general, Form 268 in the Practice Book, except as to the authority signing the process.
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Action of scire facias brought to the Superior Court in New Haven County where the defendant filed a motion to dismiss the case for want of jurisdiction, which was granted by the court, Roraback, J., and the plaintiff appealed for alleged error of the court in so doing. The writ and complaint followed, in general, Form 268 in the Practice Book, except as to the authority signing the process. The defendant filed, in 1899, an answer to the merits, and in 1901, a motion to erase, because (1) the writ was taken out from and signed by the assistant clerk of the Superior Court for New Haven county,…
1Opinion of the CourtBaldwin, J.
Under our practice until 1875, all writs of scire facias against garnishees were of the form known as judicial. Jarvis v. Rathburn, Kirby, 220; 1 Sw. Dig. 583; 2 id. 586; Rev. of 1866, p. 2, § 4, p. 68, § 293. They might direct an attachment of the defendant’s property, but this was only hy force of a statute. Ensworth v. Davenport, 9 Conn. 390. In the Revision of 1875, p. 396, § 1, it was provided that “ mesne process in civil actions shall be, in actions at law including writs of scire facias, a writ of summons or attachment.” This made it a civil action at law, if it were not such before.…
2Cases cited5 opinions
- St. Louis & San Francisco Railway Co. v. McBrideSupreme Court of the United States · 1891
- Smith v. HallSupreme Court of Connecticut · 1899
- Woodruff v. BaconSupreme Court of Connecticut · 1867
- Washington Trust Co. v. Norwich & Westerly Traction Co.Supreme Court of Connecticut · 1915
- Smyth v. RipleySupreme Court of Connecticut · 1864
3Cited by18 opinions
- Farricielli v. Connecticut Personnel Appeal BoardSupreme Court of Connecticut · 1982
- Marcil v. A. H. Merriman & Sons, Inc.Supreme Court of Connecticut · 1932
- Johnson v. Zoning Board of AppealsSupreme Court of Connecticut · 1974
- Chzrislonk v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1924
- Walsh v. A. Waldron & SonsSupreme Court of Connecticut · 1931
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