Legal Opinion

Dante v. Dante

Supreme Court of Connecticut

Decided January 14, 1919PublishedCited by 22 opinions

Action by writ and complaint claiming a new trial in an action brought by the defendant against the plaintiff, on the alleged ground of a lack of notice and knowledge of its pendency, brought to the Court of Common Pleas in Litchfield County where a demurrer to the complaint was sustained (Woodruff, J.) and judgment rendered for the defendant, from which the plaintiff appealed.

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Action by writ and complaint claiming a new trial in an action brought by the defendant against the plaintiff, on the alleged ground of a lack of notice and knowledge of its pendency, brought to the Court of Common Pleas in Litchfield County where a demurrer to the complaint was sustained (Woodruff, J.) and judgment rendered for the defendant, from which the plaintiff appealed. The plaintiff’s complaint alleges, in substance, that her husband, the defendant in this case, brought an action against her to the Court of Common Pleas for Litchfield County, which was made returnable upon the first…

1Opinion of the CourtRoraback, J.

The defendant, by demurrer, questions the sufficiency of the facts set forth in the complaint, and also the procedure by which the plaintiff is attempting to obtain relief. “The demurrer admits the facts averred, and no others, and there is no way known to the law whereby other facts may be imported into the issue tendered by the demurrer, or whereby that issue can become other than one as to the sufficiency of the allegations of the complaint as they are made.” Ryan v. Knights of Columbus, 82 Conn. 91, 92, 72 Atl. 574. For these reasons we cannot make use of certain facts set forth in a…

2Cases cited4 opinions

  1. Carrington v. HolabirdSupreme Court of Connecticut · 1846
  2. Jarvis v. MartinSupreme Court of Connecticut · 1904
  3. Ryan v. Knights of ColumbusSupreme Court of Connecticut · 1909
  4. Smith v. HallSupreme Court of Connecticut · 1899

3Cited by22 opinions

  1. Black v. Universal C. I. T. Credit Corp.Supreme Court of Connecticut · 1962
  2. Paiwich v. KrieswalisSupreme Court of Connecticut · 1921
  3. State v. DaviesSupreme Court of Connecticut · 1959
  4. O'Leary v. Waterbury Title Co.Supreme Court of Connecticut · 1933
  5. City Sav. Bk of Bridgeport v. MikoConnecticut Appellate Court · 1983

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