Dunton v. Mead
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit, in common form, instituted before a justice of the peace, demanding 35 dollars damages. The declaration was demurred to, before the justice of the peace; and was by him adjudged sufficient. The defendant appealed the cause to the county court. In the county court, the defendant pleaded a special plea, admitting his entry, &c. and alleging in justification a right of way over the locus in quo.
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This was an action of trespass quare clausum fregit, in common form, instituted before a justice of the peace, demanding 35 dollars damages. The declaration was demurred to, before the justice of the peace; and was by him adjudged sufficient. The defendant appealed the cause to the county court. In the county court, the defendant pleaded a special plea, admitting his entry, &c. and alleging in justification a right of way over the locus in quo. To this plea the plaintiff demurred; and judgment was entered up for the plaintiff. The defendant thereupon appealed the cause to the superior court.…
1Opinion of the CourtDaggett, J.
That the order to erase or strike the cause from the docket, was erroneous, is very clear, even if it had not been regularly appealed from the county court; because, by the 63rd section of the act for the regulation of civil actions, it is expressly enacted, that “ whenever an appeal is taken from the county to the superior court, in an action not appealable, the superior court shall remand it to the county court, from whence it came by appeal,” &c. This was, then, the correct course, unless it was not regularly before the county court; for in such case, it would be idle to remand it, as that…
2Cases cited1 opinion
- Savage v. GulliverMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Burnham v. HotchkissSupreme Court of Connecticut · 1841
- Whitman v. Town of PownalSupreme Court of Vermont · 1847
- Scovill v. SeeleySupreme Court of Connecticut · 1841