King v. Lacey
Supreme Court of Connecticut
IN ERROR. This was an action of book debt, in common form, brought by Lacey against King, demanding 280 dollars. In the county court, the defendant demurred to the plaintiff’s declaration; the plaintiff joined in the demurrer; and the court adjudged the declaration sufficient. The defendant thereupon appealed the cause to the superior court.
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IN ERROR. This was an action of book debt, in common form, brought by Lacey against King, demanding 280 dollars. In the county court, the defendant demurred to the plaintiff’s declaration; the plaintiff joined in the demurrer; and the court adjudged the declaration sufficient. The defendant thereupon appealed the cause to the superior court. The record of the proceedings in that court is as follows: “The parties here appeared; and, on their motion, Samuel Tweedy, Friend Starr and Sturges Sellick Esqrs. were, by this court, appointed auditors, to examine, audit and adjust the accounts between…
1Opinion of the CourtWilliams, J.
The complaint is, that the court appointed *501auditors and rendered judgment upon their award, while a demurrer was undecided before them, and without any plea. If it is conceded, that this demurrer was pending and undecided, it is very apparent that the defendant was not prejudiced, by the course which was adopted; because it is manifest, that there was no legal exception to the declaration, and that judgment must of course have been in favour of the plaintiff; and it seems agreed, as a general rule, that a man shall not assign that for error, which is for his advantage; (F. N. B. 21f.) nor…
2Cases cited1 opinion
- Whiting v. CochranMassachusetts Supreme Judicial Court · 1813
3Cited by7 opinions
- Miller v. SparksSupreme Court of Colorado · 1878
- Howland v. CouchSupreme Court of Connecticut · 1875
- Prosser v. ChapmanSupreme Court of Connecticut · 1861
- Willet v. ClarkSupreme Judicial Court of Maine · 1907
- Brennan v. Northern Electric Co.Montana Supreme Court · 1924
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