Hayden v. Fair Haven & Westville Railroad
Supreme Court of Connecticut
Action to recover damages for personal injury alleged to have been caused by the negligence of the defendant, brought to the Superior Court in New Haven County and tried to the jury before Robinson, J.; verdict and judgment for the defendant, and appeal by the plaintiff. In this court the appellee filed a plea in abatement, on the ground that the appeal failed to state the time of the sitting of the court to which it was taken, to which the appellant demurred.
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Action to recover damages for personal injury alleged to have been caused by the negligence of the defendant, brought to the Superior Court in New Haven County and tried to the jury before Robinson, J.; verdict and judgment for the defendant, and appeal by the plaintiff. In this court the appellee filed a plea in abatement, on the ground that the appeal failed to state the time of the sitting of the court to which it was taken, to which the appellant demurred. Demurrer sustained.
1Opinion of the CourtTorrance, C. J.
The plea in abatement and the demurrer thereto will first be considered.
The statute (General Statutes, § 788) provides that appeals to this court, in cases like the one at bar, shall be taken “ to the supreme court of errors next to be held after the filing of the appeal, in the judicial district where the judgment was rendered.” Another statute (General Statutes, § 798) prescribes a form of appeal to the Supreme Court of Errors, provides that such an appeal shall “ substantially ” follow that form, and shall “ state the court, and the time and place of holding it.” In the case at bar, the…
2Cases cited4 opinions
- Maisenbacker v. Society ConcordiaSupreme Court of Connecticut · 1899
- Redfield v. BuckSupreme Court of Connecticut · 1868
- Morrissey v. Bridgeport Traction Co.Supreme Court of Connecticut · 1896
- In re Shelton Street Railway Co.Supreme Court of Connecticut · 1898
3Cited by19 opinions
- Draus v. International Silver Co.Supreme Court of Connecticut · 1926
- District of Columbia v. CatonCourt of Appeals for the D.C. Circuit · 1918
- New Haven Loan Co. v. AffinitoSupreme Court of Connecticut · 1936
- Chase v. Waterbury Savings BankSupreme Court of Connecticut · 1904
- Hull v. ThomsSupreme Court of Connecticut · 1909
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