Legal Opinion

Rockwell v. Taylor

Supreme Court of Connecticut

Decided January 15, 1874PublishedCited by 13 opinions

Assumpsit, to recover a balance due on sundry money transactions between the parties, brought to the Superior Court in Fairfield County. Auditors to whom the case was referred reported a balance due ,the plaintiff. The defendant remonstrated against the acceptance of the report, which remonstrance the court (Parle, J.,~) overruled, and the defendant brought the case before this court by a motion in error.

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Assumpsit, to recover a balance due on sundry money transactions between the parties, brought to the Superior Court in Fairfield County. Auditors to whom the case was referred reported a balance due ,the plaintiff. The defendant remonstrated against the acceptance of the report, which remonstrance the court (Parle, J.,~) overruled, and the defendant brought the case before this court by a motion in error. The points decided by the court will be sufficiently understood without a statement of the facts.

1Opinion of the CourtPhelps, J.

It is claimed by the defendant that his remonstrance to the acceptance of the report of the auditors should have been sustained by the Superior Court, on the ground that certain rulings of the auditors on questions of evidence were improperly made.

*57The plaintiff died after the commencement of the action and before the trial of the cause, and Theodore McDonald, Esq., who was attorney for the plaintiff in the institution of the suit, was appointed administrator. of the estate of the plaintiff, and in that capacity succeeded the plaintiff in the prosecution of the action.

On the hearing before the…

2Cited by13 opinions

  1. Peirce v. Van DusenCourt of Appeals for the Sixth Circuit · 1897
  2. Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
  3. Missouri Pacific Railway Co. v. BaierNebraska Supreme Court · 1893
  4. Clarke's Appeal from ProbateSupreme Court of Connecticut · 1898
  5. Waldele v. New York Central & Hudson River RailroadNew York Court of Appeals · 1884

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