Woodruff v. Bacon
Supreme Court of Connecticut
Scire facias, brought to the Superior Court in Hartford county, on a proceeding in foreign attachment against David S. Stetson and others, in which the present defendant was factorized as having the moneys of the original defendant in his hands.
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Scire facias, brought to the Superior Court in Hartford county, on a proceeding in foreign attachment against David S. Stetson and others, in which the present defendant was factorized as having the moneys of the original defendant in his hands. The case was tried on the general issue closed to the court, before Pardee, J. On the trial it was proved and not denied, that at the September term, 1866, of the Superior Court for Hartford county, the cause was by order of the court erased from the docket, on the ground that the writ was signed by a justice of the peace and not by the clerk of the…
1Opinion of the CourtHinman, C. J.
This is a writ of scire facias, signed by a justice of the peace, and not, as it should have been, by the clerk of the Superior Court. On account of this irregularity the Superior Court, on the defendant’s motion, made several terms after the case had been pending in court, and had been regularly answered to by the defendant without any objection to the regularity of the process, ordered the case to be erased from its docket. But the Court of Errors held this erasure thus ordered to be erroneous, on the ground that the defendant, by not taking advantage of the irregularity earlier, had waived…
2Cases cited2 opinions
- Emerson v. GoodwinSupreme Court of Connecticut · 1833
- New Haven Steam Saw-Mill Co. v. FowlerSupreme Court of Connecticut · 1859
3Cited by17 opinions
- Long v. Zoning Commission of NorwalkSupreme Court of Connecticut · 1946
- Reilly v. StateSupreme Court of Connecticut · 1934
- Phoenix Ins. Co. v. CareySupreme Court of Connecticut · 1908
- Finch v. Great American InsuranceSupreme Court of Connecticut · 1924
- Ransom v. BidwellSupreme Court of Connecticut · 1915
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