Chittenden v. Carter
Supreme Court of Connecticut
Action against a nonresident for fraudulent representations, brought to and tried by the Superior Court in Fair-field County, Gager, J., upon a plea in abatement alleging service of process upon the defendant while he was temporarily here for the sole purpose of testifying as a witness in another cause; the court sustained the plea and rendered judgment for the defendant, from which the plaintiff appealed.
1Opinion of the CourtHall, J.
The plaintiff, a resident of this State, brought an action against the defendant, a resident of the city of New York, for $5,000 damages for an alleged fraudulent sale of stock. The officer’s return endorsed upon the original complaint shows a personal service upon the defendant in the city of Bridgeport. Upon the return of the complaint to court the defendant filed the following plea in abatement: “1. Defendant was at the time of the service of the writ in this action and still is a resident and citizen of the State of New York and not a resident of this State. 2. At the time of the service…
2Cases cited1 opinion
- Bishop v. VoseSupreme Court of Connecticut · 1858
3Cited by9 opinions
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Ryan v. EbeckeSupreme Court of Connecticut · 1925
- Golodner v. Women's Center of Southeastern Connecticut, Inc.Supreme Court of Connecticut · 2007
- State ex rel. Weast v. MooreMissouri Court of Appeals · 1912
- Weihing v. DodsworthConnecticut Appellate Court · 2007
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