Town of Union v. Crawford
Supreme Court of Connecticut
IN ERROR. John Crawford brought an action of assumpsit, before a justice of the peace, against the town of Un on, to recover for a coffin, furnished by him for one Cynthia Weld, the deceased wife of Harrison Weld, a resident of that town, and a person poor and destitute of property. Samuel W. Moore, one of the select-men of the town, appeared before the justice, and, as such select-man, pleaded, that the defendants never assumed and promised.
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IN ERROR. John Crawford brought an action of assumpsit, before a justice of the peace, against the town of Un on, to recover for a coffin, furnished by him for one Cynthia Weld, the deceased wife of Harrison Weld, a resident of that town, and a person poor and destitute of property. Samuel W. Moore, one of the select-men of the town, appeared before the justice, and, as such select-man, pleaded, that the defendants never assumed and promised. To this plea, the plaintiff demurred specially, assigning for cause, that the defendants had not otherwise appeared and defended, than by one of their…
1Opinion of the CourtWaite, J.
The principal question presented upon the record, is, whether the justice erred in refusing to permit a select-man of the town to appear, in behalf of the town, and defend in the suit, and in rendering judgment against the town, for default of appearance, after he had appeared and presented a plea. The pleadings and judgment are very irregular and informal. But aside from any technical objections, as to the form, it appears that the question, as to the right of the select-man to appear and defend in the cause, was made by the parties, and decided by the court.
It seems now to be well settled…
2Cited by22 opinions
- United Illuminating Co. v. City of New HavenSupreme Court of Connecticut · 1997
- Keeney v. Town of Old SaybrookSupreme Court of Connecticut · 1996
- Murphy v. IvesSupreme Court of Connecticut · 1963
- City of Hartford v. American Arbitration Ass'nSupreme Court of Connecticut · 1978
- George S. Chatfield Co. v. ReevesSupreme Court of Connecticut · 1913
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