Curtiss v. Beardsley
Supreme Court of Connecticut
IN ERROR. This was an action of debt on judgment, brought by Cur-tiss against Beardsley, to the county court. The judgment - declared on was rendered in a suit between the same parties, on the 2nd of April, 1833, by Adoniram Fairchild, Esq., a justice of the peace, for 35 dollars damages, and 5 dollars, 54 cents, costs of suit.
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IN ERROR. This was an action of debt on judgment, brought by Cur-tiss against Beardsley, to the county court. The judgment - declared on was rendered in a suit between the same parties, on the 2nd of April, 1833, by Adoniram Fairchild, Esq., a justice of the peace, for 35 dollars damages, and 5 dollars, 54 cents, costs of suit. The defendant pleaded, that the plaintiff ought not to maintain his action against him, because at said justice’s court, held on the 2nd of April, 1833, upon the rendition of said judgment against the defendant, he moved an appeal to the county court, then next to be…
1Opinion of the CourtHinman, J.
The first question which seems to be presented by this record, arises upon the replication to the defendant’s plea. ♦
The defendant having pleaded to the plaintiff’s declaration of debt on the judgment of a justice of the peace, that the defendant appealed the action in which the judgment of the justice was rendered, to the county court; the plaintiff replied to this plea, that the defendant did not enter his appeal in the county court before the second opening of said court; and that the same was not legally entered in said court, at any time afterwards. This replication is demurred to. And…
2Cases cited1 opinion
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
3Cited by26 opinions
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- Watson v. RichardsonSupreme Court of Iowa · 1899
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