McAlister v. Clark
Supreme Court of Connecticut
Action of debt, brought under the provisions of a by-law of the city of New Haven for the prevention of nuisances, by the city treasurer, to recover a penalty of fifty dollars. This cause came before this court, at its preceding term in this county, upon a reservation-for advice upon the sufficiency of the declaration, to which the defendant had demurred.
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Action of debt, brought under the provisions of a by-law of the city of New Haven for the prevention of nuisances, by the city treasurer, to recover a penalty of fifty dollars. This cause came before this court, at its preceding term in this county, upon a reservation-for advice upon the sufficiency of the declaration, to which the defendant had demurred. (See ante, page 91.) After this court had advised that judgment upon that issue be rendered for the plaintiff, but before judgment had been in fact entered up in the superior court in conformity to this advice, the defendant made a motion to…
1Opinion of the CourtHinman, C. J.
The defendant being sued for the penalty incurred under a by-law of the city of New Haven, demurred to the declaration, and the declaration having been sustained by the city court, he appealed to the superior court, and there the case was reserved for the advice of this court, which also sustained the declaration, and advised the superior court to render judgment for the plaintiff. Before the judgment was in fact entered up, he moved the superior court to be permitted to withdraw his demurrer and to plead the general issue, which motion the superior court denied, and entered up judgment in…
2Cited by10 opinions
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- Crane v. Eastern Transportation LineSupreme Court of Connecticut · 1880
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