Parrott v. Housatonic Railroad
Supreme Court of Connecticut
_ Trespass on the case for the destruction of an ice house and its contents hy a fire caused by the negligence of the defendants; brought to the Superior Court in Fairfield County, at its December term, 1874. At the same term the defendants pleaded the general issue, and the case stood for trial upon that plea until the September term, 1876, when the defendants moved that the case be stricken from the docket on the ground that the writ was no otherwise signed than by the…
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_ Trespass on the case for the destruction of an ice house and its contents hy a fire caused by the negligence of the defendants; brought to the Superior Court in Fairfield County, at its December term, 1874. At the same term the defendants pleaded the general issue, and the case stood for trial upon that plea until the September term, 1876, when the defendants moved that the case be stricken from the docket on the ground that the writ was no otherwise signed than by the plaintiff, acting as a commissioner of the Superior Court. The court, Sanford, J., found that such was the fact, but…
1Opinion of the CourtPark, C. J.
The writ in this case was signed by the plaintiff himself, who was at the time a commissioner of the Superior Court, and as such-empowered to sign and issue *576civil process. We have just held in Doolittle v. Clark, (ante p. 316,) that an officer authorized to sign writs can not sign them in his own case. If therefore the defendants had pleaded the matter in abatement the writ must necessarily have abated on that ground. They did not however file such a plea, nor in any manner bring the matter to the attention of the court until the case had been in court for nearly two years. The suit was…
2Cases cited4 opinions
- Fowler v. Charles BishopSupreme Court of Connecticut · 1864
- Hatstat v. BlakesleeSupreme Court of Connecticut · 1874
- Plumb v. IvesSupreme Court of Connecticut · 1872
- Cook v. MorseSupreme Court of Connecticut · 1873
3Cited by10 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Brunswick v. Inland Wetlands CommissionSupreme Court of Connecticut · 1992
- Paulus v. LaSalaConnecticut Appellate Court · 1999
- Orcutt's Appeal From ProbateSupreme Court of Connecticut · 1892
- Southern New England Ice Co. v. Town of West HartfordSupreme Court of Connecticut · 1932
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