Hungerford's Appeal from Probate
Supreme Court of Connecticut
Appeal from'the doings of commissioners upon the estate of Rodolplius D. Hicks, deceased, in disallowing a claim of the appellant; taken to the Superior Court in Litchfield County, and tried to the court, before Sanford, J. The claim as presented to the commissioners by the appellant was as follows :— “ Estate of R. D. Hicks to Dana L. Hungerford, Dr. “Feb. 1st, 1870, To my services in your business, endeavoring to sell the Clark House in Winsted, from the first day of…
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Appeal from'the doings of commissioners upon the estate of Rodolplius D. Hicks, deceased, in disallowing a claim of the appellant; taken to the Superior Court in Litchfield County, and tried to the court, before Sanford, J. The claim as presented to the commissioners by the appellant was as follows :— “ Estate of R. D. Hicks to Dana L. Hungerford, Dr. “Feb. 1st, 1870, To my services in your business, endeavoring to sell the Clark House in Winsted, from the first day of December, 1869, to the first day of February, 1870, and cash expenses in said business, - - $1,000.” The appellant offered…
1Opinion of the CourtPardee, J.
It is a well settled principle of law that whenever a court of competent jurisdiction has judicially tried and determined a right or a fact, the judgment thereon, so long as it remains unreversed, shall be conclusive upon the parties and those in privity with them in law or estate.
This trial and determination must be upon pleadings wherein is an averment of a fact precisely stated on one side and traversed on the other, and found by the court or jury affirmatively or negatively in direct terms, and not byway of inference. Such a result would be obtained where an issue is reached by special…
2Cases cited1 opinion
- Dickinson v. HayesSupreme Court of Connecticut · 1863
3Cited by2 opinions
- Nashua & Lowell Railroad v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1895
- State v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898