Ohlin v. Kowner
Supreme Court of Connecticut
Action to foreclose a mechanic’s lien, and for damages, brought to the Court of Common Pleas in New Haven County where the alleged lien was dissolved {Simpson, J.) upon the substitution of a bond with surety, and the cause was afterward tried to the jury before Simpson, J.; verdict and judgment for the plaintiff for $252, from which the defendants, obligors in the bond, appealed.
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Action to foreclose a mechanic’s lien, and for damages, brought to the Court of Common Pleas in New Haven County where the alleged lien was dissolved {Simpson, J.) upon the substitution of a bond with surety, and the cause was afterward tried to the jury before Simpson, J.; verdict and judgment for the plaintiff for $252, from which the defendants, obligors in the bond, appealed. This action was returned to the Court of Common Pleas on the first Tuesday of December, 1919. The complaint then alleged that the defendant Mary Friedman was the owner of land on which stands a building in the…
1Opinion of the CourtBurpee, J.
With the pleadings as they were first drafted, the trial began and proceeded until the plaintiff had proved that his contract had not been made with the defendant Mary Friedman, but with Flauman, the original contractor. Then he asked leave to amend his complaint to conform to this fact. Such an amendment was a privilege secured by statute since 1821 (Trustees, etc. v. Christ Church, 68 Conn. 369, 372, 36 Atl. 797), and now recognized in § 5666 of the General Statutes. But it is coupled with the right of the defendant to have a reasonable time to file an amended answer. In this case the…
2Cases cited3 opinions
- Longstean v. Owen McCaffrey's SonsSupreme Court of Connecticut · 1920
- Stein v. ColemanSupreme Court of Connecticut · 1901
- Trustees of Donations v. Parish of Christ ChurchSupreme Court of Connecticut · 1896
3Cited by13 opinions
- Johnson v. HerringMontana Supreme Court · 1931
- Cook v. LawlorSupreme Court of Connecticut · 1952
- Leitzes v. F. L. Caulkins Auto Co.Supreme Court of Connecticut · 1937
- McKenna v. WhippleSupreme Court of Connecticut · 1922
- Mazulis v. ZeldnerSupreme Court of Connecticut · 1933
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