Brennan v. Berlin Iron Bridge Co.
Supreme Court of Connecticut
Action to set aside a judgment rendered for the plaintiff for nominal damages only, for a new trial, or for other equitable relief, brought to the Superior Court in New Haven County and reserved by that court, Robinson, J., upon demurrer to the complaint, for the consideration and advice of this court. The plaintiff brought an action to the Superior Court for a personal injury, in which final judgment was rendered for the defendant upon a demurrer to the complaint.
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Action to set aside a judgment rendered for the plaintiff for nominal damages only, for a new trial, or for other equitable relief, brought to the Superior Court in New Haven County and reserved by that court, Robinson, J., upon demurrer to the complaint, for the consideration and advice of this court. The plaintiff brought an action to the Superior Court for a personal injury, in which final judgment was rendered for the defendant upon a demurrer to the complaint. The plaintiff then brought a second suit for the same cause of action, and upon a hearing in damages after default, the court…
1Opinion of the CourtHall, J.
Upon the appeal to this court from the judgment of $3,000 rendered in the second action, we held that the same cause of action was described in that complaint as was described in the complaint in the first action, and that therefore the final judgment in the first action was a bar to the recovery of more than nominal damages in the second.
The effect of the judgment in the writ of error setting .aside the erroneous judgment in the first case and remand ing it to the Superior Court, was not to put an end to that casé, but to grant a new trial. Judson v. Blanchard, 3 Conn. 579, 587; Allen v.…
2Cases cited8 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Judson v. BlanchardSupreme Court of Connecticut · 1821
- Kashman v. ParsonsSupreme Court of Connecticut · 1898
- Brennan v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Reilly v. StateSupreme Court of Connecticut · 1934
- Mulholland v. MulhollandSupreme Court of Connecticut · 1994
- Brennan v. Berlin Iron Bridge Co.Supreme Court of Connecticut · 1903
- Reese v. DamatoSupreme Court of Florida · 1902
- Lawlor v. MerrittSupreme Court of Connecticut · 1909
5 more not listed; retrieve them via the Exa API.