Matthai v. Capen
Supreme Court of Connecticut
Action of replevin, brought to the Superior Court in Windham County and tried to the court upon plaintiffs’ demurrer to defendant’s plea in abatement; the court, Ralph Wheeler, J., overruled the demurrer and sustained the plea, and the plaintiffs failing to answer over, judgment was rendered for the defendant, the action abated, and the plaintiffs appealed for alleged errors of the court in overruling the demurrer. The case is sufficiently stated in the opinion.
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Action of replevin, brought to the Superior Court in Windham County and tried to the court upon plaintiffs’ demurrer to defendant’s plea in abatement; the court, Ralph Wheeler, J., overruled the demurrer and sustained the plea, and the plaintiffs failing to answer over, judgment was rendered for the defendant, the action abated, and the plaintiffs appealed for alleged errors of the court in overruling the demurrer. The case is sufficiently stated in the opinion. I. The variance between the copy and the original was not a material one, and the plea in abatement should therefore have been…
1Opinion of the CourtFenn, J.
The sole question in this case is whether the Superior Court erred in sustaining the defendant’s plea in abatement for alleged defective service. The original writ of replevin, with the affidavit and recognizance, complied in all respects with the form given in § 1327 of the General Statutes. The copy served on the defendant gave the name of the affiant, Howard H. Knapp, in the body of the affidavit and the word “ deponent ” at the end; also the jurat of the magistrate, “ Subscribed and sworn to before me,” but omitted the name of the affiant at the foot of the affidavit just before the word…
2Cases cited2 opinions
- Nichols v. StandishSupreme Court of Connecticut · 1880
- Tucker v. PotterSupreme Court of Connecticut · 1868
3Cited by2 opinions
- Rogozinski v. American Food Service Equipment Corp.Supreme Court of Connecticut · 1989
- First Federal Savings & Loan Ass'n of Rochester v. PellechiaConnecticut Appellate Court · 1993