Cook v. Morse
Supreme Court of Connecticut
Trespass on the case, for fraud in the sale of goods; brought originally before a justice of the peace and appealed by the defendant from the judgment of the justice to the Court of Common Pleas of New Plaven County., The damages demanded in the writ were one hundred dollars, while the jurisdiction of a justice of the peace is limited by statute to fifty dollars.
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Trespass on the case, for fraud in the sale of goods; brought originally before a justice of the peace and appealed by the defendant from the judgment of the justice to the Court of Common Pleas of New Plaven County., The damages demanded in the writ were one hundred dollars, while the jurisdiction of a justice of the peace is limited by statute to fifty dollars. At the third term of the Court of Common Pleas, after that to which the appeal was taken and in which it was entered,, the defendant filed a motion to erase the case from the docket, on the ground that the court had no jurisdiction…
1Opinion of the CourtPark, J.
The principal question raised in this case was virtually decided by this court in the case of Fowler v. Bishop, 82 Conn., 199. The suit in that case was brought to the city court of the city of New Haven, and went by appeal to the Superior Court. In the Superior Court the ad damnum clause was increased by ámendment to an amount beyond the jurisdiction of the city court, but within the original jurisdiction of the Superior Court. In the argument of the cause before this court, the claim was made that the amendment had the effect to oust the Superior Court of its jurisdiction of the case. Chief…
2Cases cited2 opinions
- Stedman v. O'NeilSupreme Court of Connecticut · 1909
- Woodruff v. BaconSupreme Court of Connecticut · 1867
3Cited by3 opinions
- Orcutt's Appeal From ProbateSupreme Court of Connecticut · 1892
- Parrott v. Housatonic RailroadSupreme Court of Connecticut · 1880
- Avery v. GinsburgSupreme Court of Connecticut · 1917