Lockwood v. Jones
Supreme Court of Connecticut
IN ERROR. This was an action of scire-facias, stating the following case. Horatio Lockwood, the present plaintiff, brought ah action of debt on book against Lewis S. Lockwood, to the county court of Fairfield county, held in February, 1822, which, by continuances, came before the same court, in February, 1823 ; at which court he recovered judgment in such action against the defendant therein ; who appealed the cause to the superior court, held at Danbury, on the fourth…
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IN ERROR. This was an action of scire-facias, stating the following case. Horatio Lockwood, the present plaintiff, brought ah action of debt on book against Lewis S. Lockwood, to the county court of Fairfield county, held in February, 1822, which, by continuances, came before the same court, in February, 1823 ; at which court he recovered judgment in such action against the defendant therein ; who appealed the cause to the superior court, held at Danbury, on the fourth Tuesday of September, 1823 ; and on such appeal, Enos Jones, the present defendant, entered into a recognizance, in the sum…
1Opinion of the Court
Hosmer, Ch. J.
The principle of the defence set up to this action, is simply this ; that the judgment recovered by Lewis S. Lockwood was not only a final judgment as contradistin-guished from one that is interlocutory, but was the final judgment, which fulfilled the stipulation of the recognizance ; and by recovering it, that he, within the true intent and meaning of the defendant’s contract, had prosecuted his appeal to effect, and made his plea good. On the other hand, the plaintiff insists, that it was not the final judgment on which the recognizance was suspended ; but that both by the…
2Cases cited9 opinions
- Pitkin v. PitkinSupreme Court of Connecticut · 1829
- Magill v. LymanSupreme Court of Connecticut · 1825
- Clap v. BellMassachusetts Supreme Judicial Court · 1808
- Parker v. BidwellSupreme Court of Connecticut · 1819
- Swett v. SullivanMassachusetts Supreme Judicial Court · 1811
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3Cited by7 opinions
- State v. VaughanSupreme Court of Connecticut · 1899
- Zaleski v. ClarkSupreme Court of Connecticut · 1877
- Olmsted v. OlmstedSupreme Court of Connecticut · 1871
- Hubbell v. KingmanSupreme Court of Connecticut · 1884
- United States v. Tyrone MitchellCourt of Appeals for the Third Circuit · 2022
2 more not listed; retrieve them via the Exa API.