Denison v. Crafts
Supreme Court of Connecticut
Action to recover damages .for prosecuting a false and malicious suit against the plaintiff, brought to the Superior Court in New London County, where the defendant filed a plea in abatement, the plaintiff replied to said plea, and the defendant demurred to the reply; the court, Shumway, J., sustained the.demurrer and afterwards rendered judgment (George W. Wheeler, J".) for the defendant upon the plea in abatement, and the plaintiff appealed for alleged errors in the…
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Action to recover damages .for prosecuting a false and malicious suit against the plaintiff, brought to the Superior Court in New London County, where the defendant filed a plea in abatement, the plaintiff replied to said plea, and the defendant demurred to the reply; the court, Shumway, J., sustained the.demurrer and afterwards rendered judgment (George W. Wheeler, J".) for the defendant upon the plea in abatement, and the plaintiff appealed for alleged errors in the rulings of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtHamersley, J.
This action was commenced by writ of attachment, and the body of the defendant was attached. A plea in abatement was filed alleging that the writ was dated and issued on February 13th, 1900, and made returnable to court on the first Tuesday of May, 1900. This return day was not the next, nor the next but one, to which the process could be made returnable in accordance with statute. General Statutes, §794. The writ was therefore abatable. The plea as drawn was, however, open to demurrer. The plaintiff waived his right to demur by pleading in confession and avoidance, alleging,_ in substance,…
2Cases cited1 opinion
- Starr v. LyonSupreme Court of Connecticut · 1825
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