Cox v. McClure
Supreme Court of Connecticut
Action in the nature of trespass qu. cl. fr., claiming the reformation of a deed, an injunction, and damages, brought to the Superior Court in New Haven County where the issues in equity were first tried to the court, Greorge W. Wheeler, J., and judgment was rendered for the defendant.
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Action in the nature of trespass qu. cl. fr., claiming the reformation of a deed, an injunction, and damages, brought to the Superior Court in New Haven County where the issues in equity were first tried to the court, Greorge W. Wheeler, J., and judgment was rendered for the defendant. Afterwards the issue at law was tried -to the jury before Thayer, J. The jury returned a verdict for the plaintiff upon which judgment was rendered, and the defendant appealed for alleged error of the court in allowing the jury trial. The following-facts appear of record: The plaintiff and defendant are owners…
1Opinion of the CourtHall, J.
The original complaint described in one count both a legal and equitable cause of action, and asked for both legal and equitable relief. It alleged a trespass to the plaintiff’s riparian rights, and a threat to continue the same so as to cause the plaintiff irreparable injury, and asked for damages and for an injunction.
The second defense was filed before the first trial, as a defense to both of the alleged rights of action. Paragraphs 7 and 8 of this defense admit the doing of the acts described in' the complaint, but allege that they were done upon that part of the shore which the defendant…
2Cases cited5 opinions
- Bunnell v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1895
- Corbett v. MatzSupreme Court of Connecticut · 1900
- Munson v. MunsonSupreme Court of Connecticut · 1862
- Hartford Building & Loan Ass'n v. GoldreyerSupreme Court of Connecticut · 1898
- Webb v. Town of Rocky-HillSupreme Court of Connecticut · 1852
3Cited by10 opinions
- Nowell v. NowellSupreme Court of Connecticut · 1972
- Roy v. MooreSupreme Court of Connecticut · 1912
- Duessels. v. Prochs.Supreme Court of Connecticut · 1905
- Sisk v. MeagherSupreme Court of Connecticut · 1909
- Simpson v. Young Men's Christian Ass'nSupreme Court of Connecticut · 1934
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