Trustees of Donations v. Parish of Christ Church
Supreme Court of Connecticut
Action brought to the Superior Court in New Haven. County by a trustee for advice as to its duties and reserved upon a finding of facts for the advice of this court.
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Action brought to the Superior Court in New Haven. County by a trustee for advice as to its duties and reserved upon a finding of facts for the advice of this court. After judgment upon the reservation, and before judgment in the Superior Court, the defendant filed an amendment in the nature of a cross-complaint; upon motion, the court, Prentice, J., struck out the cross-complaint and rendered judgment as advised by this court, from which judgment the defendant appealed for alleged errors apparent on the record. In 1885, in pursuance of the laws of this State relating to the Protestant…
1Opinion of the CourtHamekseey, J.
The Practice Act affects mere matters of form in equity, as well as in common law pleadings. The complaint is in form the same, whether the cause of action is a legal or equitable one, and in each case the pleadings of the defendant include not only denials and matters in avoidance, but counterclaims and cross-complaints in the nature of cross-bills in equity; so that the filing of a cross-complaint after the pleadings have been closed, is an amendment of the pleadings.
The refusal of the trial court to allow the defendant to amend his pleadings by filing a cross-complaint after this court had…
2Cases cited3 opinions
- Gulliver v. FowlerSupreme Court of Connecticut · 1894
- McAlister v. ClarkSupreme Court of Connecticut · 1866
- Betts v. HoytSupreme Court of Connecticut · 1840
3Cited by6 opinions
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- Cook v. LawlorSupreme Court of Connecticut · 1952
- Lovell v. Hammond Co.Supreme Court of Connecticut · 1895
- Ohlin v. KownerSupreme Court of Connecticut · 1921
- Kelly, Admr. v. New Haven Steamboat Co.Supreme Court of Connecticut · 1902
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