Village of Chester v. Leonard
Supreme Court of Connecticut
Action on a joint 'and several bond, brought to the Superior Court in Fairfield County where a demurrer to the complaint was sustained in part, (Shumway, J.~). The complaint was then amended so as to obviate the-grounds of demurrer, and the cause tried on issues of fact closed to the court, G-eorge W. Wheeler, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action on a joint 'and several bond, brought to the Superior Court in Fairfield County where a demurrer to the complaint was sustained in part, (Shumway, J.~). The complaint was then amended so as to obviate the-grounds of demurrer, and the cause tried on issues of fact closed to the court, G-eorge W. Wheeler, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff for alleged errors in the rulings of the court. The following facts were found by the trial court: The plaintiff is and was, prior to October 17th, 1892, a village in and incorporated under the laws of…
1Opinion of the CourtBaldwin, J.
The complaint was adjudged insufficient on demurrer, for want of certain amendments; whereupon the plaintiff voluntarily amended it by inserting them. There is authority for the position that this waived any exceptions that could otherwise have been taken to the ruling on the demurrer, and that if the plaintiff in any such case is unwilling to assume the burden of proving what the amendment would introduce into the complaint, he should stand by his original pleading and seek a remedy by appealing from the final judgment which would then be rendered on the issues of law. United States v. Boyd,…
2Cases cited7 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- United States v. BoydSupreme Court of the United States · 1846
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1865
- Brown v. Saratoga RailroadNew York Court of Appeals · 1859
- White v. ReedSupreme Court of Connecticut · 1843
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3Cited by27 opinions
- L. Wayne Furtney v. Simsbury Zoning CommissionSupreme Court of Connecticut · 1970
- Bullard v. NortonTexas Supreme Court · 1916
- Minidoka County Ex Rel. Detweiler Bros. v. KriegerIdaho Supreme Court · 1965
- Driscoll v. City of New HavenSupreme Court of Connecticut · 1902
- Fidelity & Deposit Co. v. AgnewCourt of Appeals for the Third Circuit · 1907
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