Taylor v. Judd
Supreme Court of Connecticut
Trespass qu. cl. fr., and for an assault, and taking of goods; brought to the Superior Court in Fairfield County.- The defendants pleaded the general issue, with notice that they should defend under a judgment rendered in a summary proceeding to recover possession of leased premises, one of the defendants as the magistrate who rendered the judgment and issued the execution upon it and the other defendants as the officer and his assistants who served the execution, and that…
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Trespass qu. cl. fr., and for an assault, and taking of goods; brought to the Superior Court in Fairfield County.- The defendants pleaded the general issue, with notice that they should defend under a judgment rendered in a summary proceeding to recover possession of leased premises, one of the defendants as the magistrate who rendered the judgment and issued the execution upon it and the other defendants as the officer and his assistants who served the execution, and that the trespasses charged were the acts done under the execution in entering upon the premises in question and ejecting the…
1Opinion of the CourtPark, C. J.
This case requires little consideration. It appears that the original complaint and summons in the summary process were dated, by mistake, the fifteenth day of December, when in fact they were signed, issued and served on the sixteenth of that month, at which time they should have been dated. It further appears that on the return day Of the process the plaintiff in the present suit appeared and *485proceeded to trial upon the merits of the case, without making any objection to the date of the complaint and summons.
It is of course now too late for him to take advantage of the defect, after having…
2Cases cited1 opinion
- Olmsted v. HoytSupreme Court of Connecticut · 1810
3Cited by2 opinions
- Copes v. MalacarneSupreme Court of Connecticut · 1934
- Telman v. Lyons, (Nov. 12, 1991)Connecticut Superior Court · 1991