Lyon v. Alvord
Supreme Court of Connecticut
The original action was assumpsit, brought by Morris Alvord and Ebenezer Mills against Alanson Lyon, before a justice of the peace, who rendered a judgment in favour of the plaintiffs, from which the defendant appealed to the county court. The declaration consisted of three counts; the first of which it is unnecessary to state.
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The original action was assumpsit, brought by Morris Alvord and Ebenezer Mills against Alanson Lyon, before a justice of the peace, who rendered a judgment in favour of the plaintiffs, from which the defendant appealed to the county court. The declaration consisted of three counts; the first of which it is unnecessary to state. In the second count, it was alleged, that the sloop Byron, on the 5th of October, 1844 was, and still is, owned by the plaintiffs; that she was then on a voyage from Albany in the state of New-York, to the harbour of Westport in this state, with a cargo of lumber,…
1Opinion of the CourtHinmam, J.
Without referring particularly to the precise *73state of the pleadings, in the county court, arising upon the plaintiffs’ motion to erase the third count from the declaration,, it is sufficient to say, that both parties claimed and insisted, that the justice, before whom the suit was originally broughtj had no jurisdiction of that count ; and that this appeared upon the face of the count itself. For this reason the plaintiffs moved to erase it; and the defendant moved to quash the whole proceedings; because this count, being originally contained in the declaration and appearing with the others…
2Cases cited2 opinions
- Maggrath v. ChurchNew York Supreme Court · 1803
- Lewis v. WilliamsThe Superior Court of New York City · 1829
3Cited by7 opinions
- Carten v. CartenSupreme Court of Connecticut · 1966
- Hobson v. LordSupreme Court of the United States · 1876
- Port Chester Electrical Construction Corp. v. Industrial Electrical Supply Co.Supreme Court of Connecticut · 1952
- United States v. Eighty-Seven BarrelsDistrict Court, D. Vermont · 1910
- Hugg v. Baltimore & Cuba Smelting & Mining Co.Court of Appeals of Maryland · 1872
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