Clyma v. Kennedy
Supreme Court of Connecticut
Action to recover damages for an alleged false imprisonment ; brought to the District Court of Waterbury and tried to the court, Root, J.; facts found and judgment rendered for the plaintiff against all the defendants, except Clancy, and appeal by them for alleged errors in the rulings of the court. All the defendants reside in the town of Naugatuck in New Haven county.
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Action to recover damages for an alleged false imprisonment ; brought to the District Court of Waterbury and tried to the court, Root, J.; facts found and judgment rendered for the plaintiff against all the defendants, except Clancy, and appeal by them for alleged errors in the rulings of the court. All the defendants reside in the town of Naugatuck in New Haven county. William Kennedy js an attorney at law; Thomas Clancy is a grand juror; William Brophy is a constable, and John H. Tuttle is a justice of the peace for said county. The case shows that Kennedy, at the request and by the…
1Opinion of the CourtAndrews, C. J.
We think the District Court erred in holding that justice Tuttle was disqualified to hear and determine the grand juror complaint for libel, by reason of interest. It was doubtless indecorous and unwise for him to try the case, because it exposed him to the appearance of *318seeking to revenge an insult to himself. There is no statute by the terms of which he was forbidden to act in the case; and we are not able to see that he had any such interest in it as made his action void. He was not a party to the cause. He had no pecuniary interest in the subject-matter of the action. It was not his own…
2Cases cited4 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Tyler v. WaddinghamSupreme Court of Connecticut · 1890
- Doolittle v. ClarkSupreme Court of Connecticut · 1879
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1867
3Cited by22 opinions
- Aetna Life Insurance v. LavoieSupreme Court of the United States · 1986
- Donald Williams, Petitioner-Appellee/cross-Appellant v. Carl S. Anderson, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2006
- Low v. Town of MadisonSupreme Court of Connecticut · 1948
- State v. CalhounCourt of Appeals of Maryland · 1986
- Coons v. StateIndiana Supreme Court · 1922
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