Tyler v. Aspinwall
Supreme Court of Connecticut
Action to set aside a decree of divorce upon the ground that it had been procured by fraud, brought to the Superior Court in Fairfield County and tried to the court upon the plaintiffs’ demurrer to a plea to the jurisdiction; the court, Rorabaah, J., overruled the demurrer, sustained the plea and rendered judgment for the defendant, and the plaintiffs appealed for alleged errors in the rulings of the court.
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Action to set aside a decree of divorce upon the ground that it had been procured by fraud, brought to the Superior Court in Fairfield County and tried to the court upon the plaintiffs’ demurrer to a plea to the jurisdiction; the court, Rorabaah, J., overruled the demurrer, sustained the plea and rendered judgment for the defendant, and the plaintiffs appealed for alleged errors in the rulings of the court. All the parties reside out of this State, and the complaint alleges, in substance, the following facts : — The plaintiffs are the heirs-at-law of Charles D. Tyler, who died intestate in…
1Opinion of the CourtTorrance, J.
The appeal in this case involves, to some extent, the consideration of the power of the Superior Court over its recorded judgments, and its duty to exercise that power under certain circumstances.
Over its recorded judgments it may exercise two powers, separate and distinct in their purpose and object, if not in their nature, namely: (1) the power to correct and amend the record so that it shall speak truth—shall truly show what the judicial action really was; (2) the power to set aside, annul and vacate such judgment.
Many of the limitations and conditions under which it will exercise one of…
2Cases cited10 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Foster v. Mansfield, Coldwater & Lake Michigan RailroadSupreme Court of the United States · 1892
- Maryland Steel Co. v. MarneyCourt of Appeals of Maryland · 1900
- Ætna Insurance v. AldrichWisconsin Supreme Court · 1875
- Wilkie v. HallSupreme Court of Connecticut · 1842
5 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- State v. WilsonSupreme Court of Connecticut · 1986
- Shammas v. ShammasSupreme Court of New Jersey · 1952
- Steve Viglione Sheet Metal Co. v. SakonchickSupreme Court of Connecticut · 1983
- Blake v. BlakeSupreme Court of Connecticut · 1989
- Demarigny v. DemarignySupreme Court of Florida · 1949
54 more not listed; retrieve them via the Exa API.