Blackman v. Beha
Supreme Court of Connecticut
This was an action of trespass vi et amis, brought by Alexander Beha against Isaac Blackman and Edwin Wooster, demanding fifty dollars damages. The suit was answerable before a justice of the peace, on the 4th day of August, 1855, and on that day the defendants appeared, and severally pleaded in abatement the defective service of the plaintiff’s writ.
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This was an action of trespass vi et amis, brought by Alexander Beha against Isaac Blackman and Edwin Wooster, demanding fifty dollars damages. The suit was answerable before a justice of the peace, on the 4th day of August, 1855, and on that day the defendants appeared, and severally pleaded in abatement the defective service of the plaintiff’s writ. To these pleas the plaintiff demurred specially, on the ground that said pleas were not signed, either by the defendants or by their attorney. The court decided that said pleas were insufficient, ordered the defendants to answer over, and…
1Opinion of the CourtEllsworth, J.
The judgment of the superior court must be reversed for the want of jurisdiction. The suit was commenced in a justice court, where a plea in abatement was filed, for defective service. The plea, not being signed, it was, for that cause, specially demurred to. Now, without meaning to decide whether the plea in abatement was good or bad, or whether the objection should not have been raised, on the reception of the plea, rather than by demurring to it, we are satisfied that there is error in this record.
The justice overruled the plea in abatement, and ordered further answer to be made, but the…
2Cited by2 opinions
- Prosser v. ChapmanSupreme Court of Connecticut · 1861
- Russell v. MonsonSupreme Court of Connecticut · 1866