Seidler v. Burns
Supreme Court of Connecticut
Action to recover damages for malicious prosecution, brought to the Superior Court in Hartford County where a demurrer to portions of the complaint was overruled (Case, J.), and the cause was afterward tried to the jury before Ralph Wheeler, J.; verdict and judgment for the plaintiff for $400, and appeal by the defendant.
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Action to recover damages for malicious prosecution, brought to the Superior Court in Hartford County where a demurrer to portions of the complaint was overruled (Case, J.), and the cause was afterward tried to the jury before Ralph Wheeler, J.; verdict and judgment for the plaintiff for $400, and appeal by the defendant. As the result of the defendant’s complaint, a warrant for the plaintiff’s arrest upon the criminal charge of wilfully injuring the defendant’s property was issued by proper authority, and the plaintiff arrested thereon. He was placed in a cell in the Hartford police station,…
1Opinion of the CourtPrentice, J.
The defendant complains of the court’s action in overruling his demurrer to the complaint, of several portions of its charge, and of a ruling upon the admission of testimony. . ;
The demurrer was properly overruled. It was a misdirected effort to have stricken from the complaint a portion of the allegations of one paragraph claimed to set out improper elements of damage in connection with others admittedly proper. • A motion, and not a demurrer, was the appropriate proceeding to resort to to accomplish that end. Rules under the Practice Act (Practice Book, 1908, p. 247) § 155c.
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2Cases cited7 opinions
- Flam v. LeeSupreme Court of Iowa · 1902
- Laing v. MittenMassachusetts Supreme Judicial Court · 1904
- Fenelon v. ButtsWisconsin Supreme Court · 1881
- San Antonio & Aransas Pass Railway Co. v. GriffinCourt of Appeals of Texas · 1898
- Drumm v. CessnumSupreme Court of Kansas · 1900
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3Cited by11 opinions
- Antman v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1933
- Donovan v. DavisSupreme Court of Connecticut · 1912
- Licata v. SpectorConnecticut Superior Court · 1966
- Doroszka v. LavineSupreme Court of Connecticut · 1930
- Duckwall v. DavisIndiana Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.