Gibney v. Lewis
Supreme Court of Connecticut
Action to recover damages for the defendant’s false return of service of a subpoena upon the plaintiff, and her consequent arrest on a capias, brought to the Superior Court in New Haven County and tried to the jury before Shumway, J.; verdict and judgment for the plaintiff for $150, and appeal by the defendant for alleged errors in the rulings and charge of the court. Error and new trial ordered.
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Action to recover damages for the defendant’s false return of service of a subpoena upon the plaintiff, and her consequent arrest on a capias, brought to the Superior Court in New Haven County and tried to the jury before Shumway, J.; verdict and judgment for the plaintiff for $150, and appeal by the defendant for alleged errors in the rulings and charge of the court. Error and new trial ordered. The defendant-also filed a motion for a new trial for a verdict against evidence. The case is sufficiently stated in the opinion. The court erred in instructing the jury that they might include in…
1Opinion of the CourtTorrance, J.
This case comes before this court by a motion for a verdict against evidence, under Chap. 51 of the Public Acts of 1893, and also by way of appeal for the revision of certain claimed errors set forth in the reasons of appeal. One of these errors relates to ■ the charge of the court upon the question of damages, aud as we are of opinion, for the reasons hereinafter given, that for' this error a *394new trial must be granted,- it will not be necessary to consider the questions raised upon the motion, nor to notice all the errors assigned upon the appeal.
The facts bearing upon the questions to be…
2Cases cited5 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Welch v. DurandSupreme Court of Connecticut · 1869
- Swift v. DickermanSupreme Court of Connecticut · 1863
- St. Peter's Church v. BeachSupreme Court of Connecticut · 1857
- Vogel v. McAuliffeSupreme Court of Rhode Island · 1895
3Cited by6 opinions
- Maisenbacker v. Society ConcordiaSupreme Court of Connecticut · 1899
- Beaulieu v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
- Smyth Sales, Inc. v. Petroleum Heat & Power Co.Court of Appeals for the Third Circuit · 1944
- St. Martin v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1915
- Lamb v. WoodryOregon Supreme Court · 1936
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