Treadway v. Coe
Supreme Court of Connecticut
IN ERROR. The original suit was a bill for a foreclosure of mortgaged premises, brought by Russell Coe against Francis A. Gale, the mortgagor, and Lyman Treadway, a creditor of Gale, who had obtained judgment and execution against him, and had the execution levied on his equity of redemption.
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IN ERROR. The original suit was a bill for a foreclosure of mortgaged premises, brought by Russell Coe against Francis A. Gale, the mortgagor, and Lyman Treadway, a creditor of Gale, who had obtained judgment and execution against him, and had the execution levied on his equity of redemption. During the pendency of this bill, at the term of the superior court, in October, 1850, Treadway filed his cross-bill, averring, that he was the true and equitable owner in fee of all the right, title and interest which Gale had in the mortgaged premises, when the mortgage was executed; and praying that…
1Opinion of the CourtHinman, J.
This is a plea in abatement, to a motion in error, from a judgment of the superior court. There was a demurrer, in the superior court, to the cross-bill and answer of the defendant to the original bill; and it was adjudged insufficient, and the defendant had leave to amend it.
The defendant, however, instead of amending, filed a motion in error, to reverse that judgment; and the question is, whether the judgment complained of, was a final judgment, on which a writ of error can be brought. We think it was not.
A motion in error stands on the same footing as a writ of error. The only difference…
2Cited by2 opinions
- Kilbride v. Dushkin Publishing Group, Inc.Supreme Court of Connecticut · 1982
- Wallace v. MiddlebrookSupreme Court of Connecticut · 1859