Thomas v. Young
Supreme Court of Connecticut
Action in the nature of ejectment, brought to the Court of Common Pleas in New Haven County and tried to the jury before Wolfe, J.; verdict and judgment for the plaintiffs, and appeal by the defendant. This case was formerly before this court. 79 Conn. 493, 65 Atl. 955. The facts out of which it arises are sufficiently stated there.
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Action in the nature of ejectment, brought to the Court of Common Pleas in New Haven County and tried to the jury before Wolfe, J.; verdict and judgment for the plaintiffs, and appeal by the defendant. This case was formerly before this court. 79 Conn. 493, 65 Atl. 955. The facts out of which it arises are sufficiently stated there. After it had, as the result of the decision then rendered, been returned to the trial court, leave was asked, and, against the objection of the defendant, granted, for the plaintiff Thomas, administrator, to withdraw, and for the remaining plaintiffs to file a…
1Opinion of the CourtPrentice, J.
The defendant complains of the action of the court in permitting the substitute complaint to be filed. The contention is that the plaintiffs were thus allowed to substitute for the original cause of action another and different one, and one which could not have been joined with the original. The original plaintiffs were the heirs at law of George T. Smith, deceased, his widow and his administrator. They were seeking to obtain possession of certain real estate, which, as they claim, Smith owned at his death, and then passed to them as his personal repre sentatives. They asserted no right which…
2Cases cited7 opinions
- Camp v. CampSupreme Court of Connecticut · 1824
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- Bulkley v. Norwich & Westerly Railway Co.Supreme Court of Connecticut · 1908
- Platt v. CutlerSupreme Court of Connecticut · 1902
- Thomas v. YoungSupreme Court of Connecticut · 1907
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3Cited by4 opinions
- Borden v. Town of WestportSupreme Court of Connecticut · 1930
- Aegerter v. HayesSouth Dakota Supreme Court · 1929
- Vumbacco v. PapalloSupreme Court of Connecticut · 1925
- Beegan v. the Branford Shore RealtyConnecticut Superior Court · 1937