Legal Opinion

Huntley v. Holt

Supreme Court of Connecticut

Decided May 5, 1890PublishedCited by 13 opinions

Action to recover an amount due for the construction of two buildings for the defendant; brought to the Superior Court in New Haven County, and heard before Robinson, J. Judgment for the plaintiff and appeal by the defendant for error in overruling a plea in abatement and in the admission of evidence on the trial. The case is fully stated in the opinion.

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Action to recover an amount due for the construction of two buildings for the defendant; brought to the Superior Court in New Haven County, and heard before Robinson, J. Judgment for the plaintiff and appeal by the defendant for error in overruling a plea in abatement and in the admission of evidence on the trial. The case is fully stated in the opinion. We claim that the finding and judgment in the foreclosure case of Huntley et al. v. Holt et ux. should not have been received to prove the amount due under the contract. This defendant was not a proper party to that suit; he had no interest…

1Opinion of the CourtAndrews, C. J.

The appeal in this case presents two questions : one in respect to a plea in abatement, the other in respect to the admission of evidence. The complaint was returnable and was returned to the Superior Court in-New Haven County on the first Tuesday of March, 1888, at which time the parties respectively appeared. On the third day of March, 1890, and after the case had been regularly assigned for trial, the defendant filed with the clerk, but without leave of the court, a plea in abatement for causes which in fact existed at the time the suit was brought, but of which the defendant was ignorant…

2Cases cited3 opinions

  1. Supples v. CannonSupreme Court of Connecticut · 1877
  2. James v. MorganSupreme Court of Connecticut · 1870
  3. Saugatuck Bridge Co. v. Town of WestportSupreme Court of Connecticut · 1872

3Cited by13 opinions

  1. Edleson v. EdlesonCourt of Appeals of Kentucky · 1918
  2. Ruocco v. LogioccoSupreme Court of Connecticut · 1926
  3. McCleave v. John J. Flanagan Co.Supreme Court of Connecticut · 1932
  4. Mitchell v. SmithSupreme Court of Connecticut · 1901
  5. Harris v. MasonTennessee Supreme Court · 1907

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