Legal Opinion

Munger v. Elizabeth Doolan

Supreme Court of Connecticut

Decided June 10, 1903PublishedCited by 18 opinions

Action to set aside, as void, judicial proceedings by virtue of which, the defendant had acquired the apparent title and possession of certain real estate, brought to the Superior Court in New Haven County; facts found and judgment rendered ( Gager, J.) for the plaintiff, and appeal by the defendant. In 1893 the defendant brought suit against her brother, James Doolan, returnable to the Court of Common Pleas in New Haven county, and recovered judgment.

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Action to set aside, as void, judicial proceedings by virtue of which, the defendant had acquired the apparent title and possession of certain real estate, brought to the Superior Court in New Haven County; facts found and judgment rendered ( Gager, J.) for the plaintiff, and appeal by the defendant. In 1893 the defendant brought suit against her brother, James Doolan, returnable to the Court of Common Pleas in New Haven county, and recovered judgment. A judgment-lien was thereupon placed upon certain real estate in Ansonia standing in said brother’s name, which had been in form attached in…

1Opinion of the CourtPrentice, J.

Various questions arising out of the situation disclosed by this record have been argued before us. Prominent in the plaintiffs brief is the claim that as James Doolan had been absent from his home and unheard of for the period of thirteen years, at the time when his sister Elizabeth instituted her original suit against him, he was dead in contemplation of law, and that therefore all the proceedings in that action, and all those which followed to enforce the judgment obtained therein, were void; The prominent place in the defendant’s brief is given to an attempt to support the proposition…

2Cases cited8 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  3. Cooper v. ReynoldsSupreme Court of the United States · 1870
  4. Earle v. McVeighSupreme Court of the United States · 1876
  5. Starr v. ScottSupreme Court of Connecticut · 1831

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3Cited by18 opinions

  1. Ambroise v. William Raveis Real Estate, Inc.Supreme Court of Connecticut · 1993
  2. Sassone v. LeporeSupreme Court of Connecticut · 1993
  3. Brill v. UlreySupreme Court of Connecticut · 1970
  4. Chapel-High Corp. v. CavallaroSupreme Court of Connecticut · 1954
  5. Pigeon v. HathewaySupreme Court of Connecticut · 1968

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