Legal Opinion

Shaw v. Pope

Supreme Court of Connecticut

Decided July 30, 1907PublishedCited by 12 opinions

Action to recover for services rendered to the defendant’s testatrix, brought to the Court of Common Pleas in New Haven County, where a demurrer to the first count was overruled, and the cause was afterward tried to the jury before Bennett, J.; verdict and judgment for the plaintiff for $611.52, and appeal by the defendant for alleged errors in overruling his demurrer and in denying his motion to set aside the verdict as against the evidence.

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Action to recover for services rendered to the defendant’s testatrix, brought to the Court of Common Pleas in New Haven County, where a demurrer to the first count was overruled, and the cause was afterward tried to the jury before Bennett, J.; verdict and judgment for the plaintiff for $611.52, and appeal by the defendant for alleged errors in overruling his demurrer and in denying his motion to set aside the verdict as against the evidence. A Mrs. Jones, the defendant’s testatrix, was in 1901 a woman somewhat advanced in years, feeble in health, and afflicted with curvature of the spine.…

1Opinion of the CourtPrentice, J.

The general verdict returned in this case, contrary to the instructions and directions of the court, renders it uncertain as a matter of record whether the issues under the first count were not found for the plaintiff. Hoag v. Hatch, 23 Conn. 585, 589. No objection, however, was made to the rendition of judgment thereon, and no claim of irregularity or error based upon the form of the verdict has ever been suggested. Counsel have assumed that the jury were not disobedient to the court’s direction to limit their inquiry to the issues presented by the second count, and that the verdict resulted…

2Cases cited6 opinions

  1. Burr v. HartySupreme Court of Connecticut · 1902
  2. Bartholomew v. MuzzySupreme Court of Connecticut · 1892
  3. Hoag v. HatchSupreme Court of Connecticut · 1855
  4. Brooks'Supreme Court of Connecticut · 1896
  5. Bigelow v. BenedictSupreme Court of Connecticut · 1826

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Foley v. Huntington Co.Connecticut Appellate Court · 1996
  2. Equitable Life Assurance Society of United States v. SladeSupreme Court of Connecticut · 1937
  3. Leventhal v. Town of StratfordSupreme Court of Connecticut · 1936
  4. Atlantic Terra Cotta Co. v. Chesapeake Terra Cotta Co.Supreme Court of Connecticut · 1921
  5. Knight v. Continental Automobile Manufacturing Co.Supreme Court of Connecticut · 1909

7 more not listed; retrieve them via the Exa API.

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