Jarvis v. Martin
Supreme Court of Connecticut
Action to set aside a judgment of discontinuance made in a former suit between the same parties, and to secure the restoration of such cause to the docket, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J., upon a demurrer to the complaint filed by the defendant Williams, the other defendant, Martin, making no appearance; the court sustained the demurrer and rendered judgment for the defendant Williams, and the plaintiff appealed.
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Action to set aside a judgment of discontinuance made in a former suit between the same parties, and to secure the restoration of such cause to the docket, brought to the Court of Common Pleas in Fairfield County and tried to the court, Curtis, J., upon a demurrer to the complaint filed by the defendant Williams, the other defendant, Martin, making no appearance; the court sustained the demurrer and rendered judgment for the defendant Williams, and the plaintiff appealed. The complaint alleges, in substance, the following facts: At the annual call of the docket of the Court of Common Pleas in…
1Opinion of the CourtPrentice, J.
The plaintiff contends that upon the facts alleged by him in his complaint he is entitled to the relief he asks. He also claims that the demurrer does not set out with the necessary precision and definiteness any ground of objection which can be successfully urged against his contention. The soundness of the claim as to the insufficiency of the demurrer depends largely upon the correctness of legal propositions which the exigencies of this case do not require us to consider. The circumstances of the case are such that the plaintiff -can obtain no substantial benefit from our action unless his…
2Cases cited8 opinions
- Crim v. HandleySupreme Court of the United States · 1877
- Tyler v. AspinwallSupreme Court of Connecticut · 1901
- Carrington v. HolabirdSupreme Court of Connecticut · 1846
- Trustees of Amherst College v. AllenMassachusetts Supreme Judicial Court · 1896
- Winchell v. SangerSupreme Court of Connecticut · 1900
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3Cited by26 opinions
- Folwell v. HowellSupreme Court of Connecticut · 1933
- Foley v. George A. Douglas & Bro., Inc.Supreme Court of Connecticut · 1936
- Hayden v. R. Wallace & Sons Manufacturing Co.Supreme Court of Connecticut · 1923
- Palverari v. FintaSupreme Court of Connecticut · 1942
- Dante v. DanteSupreme Court of Connecticut · 1919
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