Barton v. City of New Haven
Supreme Court of Connecticut
Action to recover damages for personal injuries, brought to the Court of Common Pleas in New Haven County and, after a default, heard in damages to the court, Cable, J.; facts found and judgment rendered for the plaintiff for $500, and appeal by the defendant for alleged errors in the rulings of the court.
Read the full summary
Action to recover damages for personal injuries, brought to the Court of Common Pleas in New Haven County and, after a default, heard in damages to the court, Cable, J.; facts found and judgment rendered for the plaintiff for $500, and appeal by the defendant for alleged errors in the rulings of the court. After the notice of appeal had been filed, but before the record had been perfected or the appeal itself had been taken, the plaintiff died intestate, and since his death no administrator has entered to prosecute the case. In this court' Mr. Hamilton, the attorney who tried the case for the…
1Opinion of the CourtPbentice, J.
The plaintiff’s death occurred after judgment in the court below and after the defendant had in due time filed its notice of appeal. The proceedings preliminary to an appeal had progressed in due order and time, but the appeal itself had not been taken when the plaintiff died. Thereafter what remained to be done to prepare the record for the appeal was done, and an appeal was in form entered and allowed and bond given within the time prescribed by law.
There has never been an appearance by an administrator or executor to prosecute the cause.
The plaintiff’s attorney is not a party to the cause.…
2Cases cited7 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Braun v. SauerweinSupreme Court of the United States · 1870
- Broadfoot v. City of FayettevilleSupreme Court of North Carolina · 1899
- Olmstead's Appeal from ProbateSupreme Court of Connecticut · 1875
- Booth's Administrators v. NorthropSupreme Court of Connecticut · 1858
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Boucher Agency, Inc. v. ZimmerSupreme Court of Connecticut · 1971
- Hamilton v. City of New HavenSupreme Court of Connecticut · 1909
- Warner v. LanciaConnecticut Appellate Court · 1997
- Burton v. BrowdSupreme Court of Connecticut · 2001
- Hennessy v. DenihanSupreme Court of Connecticut · 1930
14 more not listed; retrieve them via the Exa API.