Etchells v. Wainwright
Supreme Court of Connecticut
Action to recover money claimed to have been obtained by undue influence and fraud, brought to and tried by the Court of Common Pleas in New Haven County, Galle, J., and judgment rendered for the defendants. After notice of appeal had been filed by the plaintiff, the trial judge died before making a finding of facts.
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Action to recover money claimed to have been obtained by undue influence and fraud, brought to and tried by the Court of Common Pleas in New Haven County, Galle, J., and judgment rendered for the defendants. After notice of appeal had been filed by the plaintiff, the trial judge died before making a finding of facts. The plaintiff then moved for a new trial, to which the defendants demurred, and the questions arising thereon were reserved (Bishop, J".) for the °advice of this court. The plaintiff, in 1901, brought an action against the defendants in the Court of Common Pleas in New Haven…
1Opinion of the CourtHall, J.
It is claimed that the defendants, by demurring to the plaintiff’s motion, have admitted that the judgment which the plaintiff attempted to appeal from was erroneous. The motion states no facts or rulings showing the claimed error. An allegation, in an application for a new trial, that the judgment sought to be reversed is erroneous and ought to be set aside because of errors committed by the trial judge, is not such a proper and issuable allegation of fact as is admitted by a demurrer; nor ought we, from the demurrer to this motion, to assume, as the basis of our advice in this case, that…
2Cases cited9 opinions
- Reetz v. MichiganSupreme Court of the United States · 1903
- Andersen v. StateSupreme Court of Connecticut · 1876
- Carrington v. HolabirdSupreme Court of Connecticut · 1846
- Zaleski v. ClarkSupreme Court of Connecticut · 1877
- White v. HowdSupreme Court of Connecticut · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Rindge v. HolbrookSupreme Court of Connecticut · 1930
- Murray v. KrenzSupreme Court of Connecticut · 1920
- Diamond v. Superior CourtCalifornia Supreme Court · 1922
- Boardman v. BurlingameSupreme Court of Connecticut · 1938
- In re Jonathan M.Supreme Court of Connecticut · 2001
24 more not listed; retrieve them via the Exa API.