Gleason v. Chester
Supreme Court of Connecticut
HP JL HIS is the same case, which came before this Court, at the last term, and was dismissed, on a plea in abatement, because no final judgment had been rendered therein, (a) At the subsequent term of the Superior Court, the defendant pleaded anew, not guilty ; the plaintiffs demurred; and final judgment was rendered against them.
Read the full summary
HP JL HIS is the same case, which came before this Court, at the last term, and was dismissed, on a plea in abatement, because no final judgment had been rendered therein, (a) At the subsequent term of the Superior Court, the defendant pleaded anew, not guilty ; the plaintiffs demurred; and final judgment was rendered against them. They now bring a writ of error, alleging, as before, that the Court below ought to have awarded an execution on the verdict, and not ordered a re-pleader. This Court reversed the judgment, Edmond, Ast. dissenting, and granted execution for the amount of the verdict…
1Opinion of the Court
By the Court.
By the organization of our juridi*153cal svstem, on entering an action, after reversal, the plaintiff is entitled to immediate relief, or required further to pursue his remedy, according to the state of his case, on a view of the record. The rights of the parties require, that such view be retrospective so far, and so far only, as the proceedings, on record, appear to have been impugned, by the judgment of reversal. In this case, the certaintv and verity of the plaintiffs5 declaration appear, by the record, to have been ascertained, in a legal course of judicial proceedings. Their…
2Cited by5 opinions
- Judson v. BlanchardSupreme Court of Connecticut · 1821
- Brennan v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1900
- Davenport v. BradleySupreme Court of Connecticut · 1822
- Palmer v. GallupSupreme Court of Connecticut · 1844
- Mulholland v. MulhollandConnecticut Appellate Court · 1993