Pavelka v. St. Albert Society, Branch No. 30
Supreme Court of Connecticut
Action to recover damages for the alleged wrongful expulsion of the plaintiff from the defendant mutual benefit society, brought to and tried by the Court of Common Pleas in New Haven County, Wolfe, J., upon a plea or answer of res judicata; the court sustained the plea and rendered judgment for the defendant, from which the plaintiff appealed.
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Action to recover damages for the alleged wrongful expulsion of the plaintiff from the defendant mutual benefit society, brought to and tried by the Court of Common Pleas in New Haven County, Wolfe, J., upon a plea or answer of res judicata; the court sustained the plea and rendered judgment for the defendant, from which the plaintiff appealed. The complaint alleges that the plaintiff, on September 1st, 1905, was a member in good standing of the defendant; that the defendant was a benefit society, membership in which entitled one to benefits in case of death or injury; that it maintained a…
1Opinion of the CourtPrentice, J.
The ruling of the court that the cause of action upon which the former judgment pleaded in bar was rendered was the same as that set out in the complaint, and that, therefore, that judgment was a bar to the present action, was correct. A right of action at law arises from the existence of a primary right in the plaintiff, and an invasion of that right by some delict on the part of the defendant. The facts which establish the existence of that right and that delict constitute the cause of action. Wildman v. Wildman, 70 Conn. 700, 707, 41 Atl. 1. In the present action the plaintiff sets out, as…
2Cases cited2 opinions
- Wildman v. WildmanSupreme Court of Connecticut · 1898
- Grand Lodge of the Ancient Order of United Workmen v. Grand Lodge of the Ancient Order of United WorkmenSupreme Court of Connecticut · 1908
3Cited by38 opinions
- Gurliacci v. MayerSupreme Court of Connecticut · 1991
- Giglio v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1980
- Saphir v. NeustadtSupreme Court of Connecticut · 1979
- Hayes v. SmithSupreme Court of Connecticut · 1984
- Bridgeport Hydraulic Co. v. PearsonSupreme Court of Connecticut · 1952
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