Ford v. Smead

The plaintiff obtained a judgment against the defendant in the Hartford municipal court. The defendant then filed a petition for a new trial, which the plaintiff moved to dis miss. This motion was overruled and a new trial granted. The plaintiff excepted.

P. L. 2114 provides that a petition for a new trial shall not issue until the proper court has taken a recognizance to the adverse party conditioned that “if the petitioner fails to prosecute his petition to effect or finally to recover in such action, he will pay the adverse party the intervening damages and costs accruing by reason of such…