Legal Opinion

Dutton v. Tracy

Supreme Court of Connecticut

Decided July 15, 1821PublishedCited by 9 opinions

IN ERROR. This was a proceeding under the statute relating to forcible entry and detainer. On the 6th of August, 1819, Tracy, as well in behalf of the state of Connecticut, as for himself, made complaint to William Randall, Esq. a justice of the quorum, and Simeon Thomas, Esq. a justice of the peace, for New-London county, shewing, that on the 27th of July, 1819, the complainant was put in possession of a certain piece of land, lying in Chelsea society in Norwich, bounded,…

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IN ERROR. This was a proceeding under the statute relating to forcible entry and detainer. On the 6th of August, 1819, Tracy, as well in behalf of the state of Connecticut, as for himself, made complaint to William Randall, Esq. a justice of the quorum, and Simeon Thomas, Esq. a justice of the peace, for New-London county, shewing, that on the 27th of July, 1819, the complainant was put in possession of a certain piece of land, lying in Chelsea society in Norwich, bounded, &c. by virtue of an execution, issued on a verdict of a jury, and signed by lawful authority; and said land was, by twig…

1Opinion of the Court

Hosmer, Ch. J.

The questions raised in this case, although numerous, are not attended with much difficulty. My opinion upon them I shall express, in the order in which they have been made, either silently alluding to the facts, or stating such as the occasion may seem to demand.

In this state, the distinction recognized in Westminster-Hall, between courts of record and not of record, has never been adopted. All our courts, from the supreme court to that of a justice of the peace, are courts of record; and, hence, the act for regulating trials on writs of error has provided, that “the Supreme…

2Cited by9 opinions

  1. Daddona v. Liberty Mobile Home Sales, Inc.Supreme Court of Connecticut · 1988
  2. Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
  3. Langworthy v. MyersSupreme Court of Iowa · 1856
  4. May v. WolvingtonCourt of Appeals of Maryland · 1888
  5. Freeman v. Alamo Management Co.Connecticut Appellate Court · 1991

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