Legal Opinion

Cumnor v. Sedgwick

Supreme Court of Connecticut

Decided November 22, 1895PublishedCited by 2 opinions

Suit to foreclose certain real estate, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. It seems that the attorneys agreed that on June 20th, 1895, the clerk might enter up a judgment in favor of the plaintiff.

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Suit to foreclose certain real estate, brought to the Superior Court in New Haven County and tried to the court, George W. Wheeler, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendants for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion. It seems that the attorneys agreed that on June 20th, 1895, the clerk might enter up a judgment in favor of the plaintiff. It is doubtful if attorneys at law have any such power as the attorneys here assumed to exercise. Daniels v. New London, 58 Conn., 157. A clerk has no…

1Opinion of the CourtTorrance, J.

Upon this appeal five errors are assigned. The first four are based upon the action of the court in overruling a demurrer to the complaint, and in sustaining de*68murrers filed to certain paragraphs of the answers and to the “ cross bill,” while the fifth arises out of the claim that the judgment appealed from was rendered by the clerk of the court, and that no judgment in the cause was ever rendered by the court.

In the view we take of the ease, a decision of the points involved in the fifth assignment of errors will dispose of the case; but before proceeding with the discussion of those points,…

2Cases cited1 opinion

  1. Wetmore v. PlantSupreme Court of Connecticut · 1825

3Cited by2 opinions

  1. Fidelity & Casualty Co. v. Jacob Ruppert, Inc.Supreme Court of Connecticut · 1949
  2. Sparaco v. TenneySupreme Court of Connecticut · 1978

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