Hotchkiss v. Hoy
Supreme Court of Connecticut
. Action upon the statute concerning the driving of carriages, .brought by the plaintiff in his own behalf and in behalf of the .town of Waterbury. The suit was originally brought before a justice of the peace. .The defendant pleaded the general issue, and the justice rendered judgment against him. He then appealed to the Superior Court,* in which court he moved to be allowed to file a demurrer, and, permission being given, filed a special . demurrer to the declaration.
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. Action upon the statute concerning the driving of carriages, .brought by the plaintiff in his own behalf and in behalf of the .town of Waterbury. The suit was originally brought before a justice of the peace. .The defendant pleaded the general issue, and the justice rendered judgment against him. He then appealed to the Superior Court,* in which court he moved to be allowed to file a demurrer, and, permission being given, filed a special . demurrer to the declaration. The first count of the declaration was as follows :— That on the 29th day of January, 1867, there was, and still is, a…
1Opinion of the CourtFoster, J.
Two questions are presented on this record
I. Ought the court below, under the circumstances detailed in the motion, to have allowed the defendant to withdraw his plea of the general issue and interpose a demurrer ?
2. That having been done, should the issue then presented have been decided as it was, that the demurrer was well taken, or should it have been overruled ?
An act of our colonial legislature, passed in May, 1738, would doubtless, if still in force, control the decision of the former of these questions. That act, entitled “ An Act for the regulating of Pleas,” is in these words:—
*572“…
2Cases cited4 opinions
- Adams v. WaySupreme Court of Connecticut · 1864
- Wickwire v. StateSupreme Court of Connecticut · 1849
- McAlister v. ClarkSupreme Court of Connecticut · 1866
- Hoadley v. SmithSupreme Court of Connecticut · 1870
3Cited by5 opinions
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
- Stevens v. KelleySupreme Court of Connecticut · 1895
- Brainard v. StaubSupreme Court of Connecticut · 1892
- Allen v. New Haven & Northampton Co.Supreme Court of Connecticut · 1881
- Hopwood v. Sciarretta, No. Cv-01-0075934s (Jul. 11, 2002)Connecticut Superior Court · 2002