Casner v. Resnik
Supreme Court of Connecticut
Writ of error to reverse a judgment for the lessors in an action of summary process tried by a justice of the peace, brought by the tenant to the Court of Common Pleas in New Haven County and tried to the court, Simpson, J.; the court found error in the judgment of the justice of the peace and remanded the cause to him to be proceeded with according to law, and from this judgment the lessors appealed.
Read the full summary
Writ of error to reverse a judgment for the lessors in an action of summary process tried by a justice of the peace, brought by the tenant to the Court of Common Pleas in New Haven County and tried to the court, Simpson, J.; the court found error in the judgment of the justice of the peace and remanded the cause to him to be proceeded with according to law, and from this judgment the lessors appealed. The landlords’ action in summary process was based on an alleged failure to pay the rent due for August, September and October, 1919. The tenant pleaded tender. On the first trial the jury found…
1Opinion of the CourtBeach, J.
The landlords' claim, that the writ of error ought to be dismissed because the trial justice had no jurisdiction to allow a bill of exceptions after forty-eight hours from the acceptance of the verdict, is overruled. In Brodner v. Swirsky, 86 Conn. 32, 35, 84 Atl. 104, we said, of § 6128: “That statute, by staying execution for forty-eight hours, prevents the defendant’s dispossession until he has time to have a bill of exceptions allowed and procure a writ of error. After the writ has been served, it effects a stay during its pendency.” The forty-eight hours measures the length of the…
2Cases cited1 opinion
- Brodner v. SwirskySupreme Court of Connecticut · 1912
3Cited by17 opinions
- Webb v. AmblerSupreme Court of Connecticut · 1939
- O'Keefe v. Atlantic Refining Co.Supreme Court of Connecticut · 1946
- Paiwich v. KrieswalisSupreme Court of Connecticut · 1921
- Pickus v. Vitagliano (In Re Pickus)United States Bankruptcy Court, D. Connecticut · 1980
- Eastern Oil Refining Co. v. Court of Burgesses of WallingfordSupreme Court of Connecticut · 1944
12 more not listed; retrieve them via the Exa API.