Hilton v. Osgood
Supreme Court of Connecticut
Replevin for two horses and four cows; brought to the Superior Court in Windham County. The defendant pleaded that he held the property at the time it was taken by the replevin process as sheriff upon an execution issued upon a judgment recovered by George S. F. Stoddard against Benjamin Sumner in the Superior Court for Wind-ham County, and prayed' that the writ might for this cause abate and be dismissed.
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Replevin for two horses and four cows; brought to the Superior Court in Windham County. The defendant pleaded that he held the property at the time it was taken by the replevin process as sheriff upon an execution issued upon a judgment recovered by George S. F. Stoddard against Benjamin Sumner in the Superior Court for Wind-ham County, and prayed' that the writ might for this cause abate and be dismissed. The plaintiffs demurred to this plea, but the court (Sanford, J.) held it sufficient and adjudged that the writ abate. The plaintiffs thereupon moved to be allowed to amend the writ by…
1Opinion of the CourtPark, C. J.
We are of opinion that the court below erred in refusing the amendment requested by the plaintiffs. The statute of 1875 provides that “additional parties may be made plaintiffs by amendment, and additional defendants may be cited to appear therein, upon such notice and such payment of costs by the plaintiff as the court before which such action is pending may prescribe.” The object of tiffs statute is obvious. It was to save the loss of time, and the additional expense, which would be caused by the bringing of a new suit to determine the merits of the controversy, when it is found that there…
2Cited by6 opinions
- McDonald v. WardSupreme Court of Connecticut · 1887
- Belknap Savings Bank v. RobinsonSupreme Court of Connecticut · 1895
- Norman Dairy, Inc. v. International Brotherhood of TeamstersConnecticut Superior Court · 1951
- Colonial Acceptance Corp. v. BlakePennsylvania Court of Common Pleas · 1938
- Colonial Acceptance Corp. v. BlakeConnecticut Superior Court · 1938
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