Wilcox v. Chambers
Supreme Court of Connecticut
Replevin suit, brought to the superior court in Hartford county. The defendant filed the following plea in abatement. “ Samuel C. Wilcox vs. Francis Chambers.
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Replevin suit, brought to the superior court in Hartford county. The defendant filed the following plea in abatement. “ Samuel C. Wilcox vs. Francis Chambers. Hartford County, Superior Court, December term, 1865. “And the defendant comes into court and prays judgment of the plaintiff’s writ and says the same ought to abate, because he says that no copy of said writ was left with him, the defendant, or at his usual place of abode, by the officer who undertook to serve the same, at the time of the service of the same by the taking of the property sought to be replevied, or within one hour…
1Opinion of the CourtMcCurdy, J.
It is very true that pleas in abatement are to be construed strictly, and of course they require great particularity in their statements. But we are unable to see why the salutary principle established by statute in relation to circumstantial defects should not be applicable to them. Gen. Statutes, p. 19, sec. 90.
In Colburn v. Tolles, 13 Conn., 524, Judge Church says:— “ Pleas in abatement must be framed with the greatest certainty of averment. But the rule does not require courts in their construction of them either to misunderstand or refuse to comprehend the ordinary import of language.”
In…
2Cases cited1 opinion
- Colburn v. TollesSupreme Court of Connecticut · 1840
3Cited by8 opinions
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- Draper v. MoriartySupreme Court of Connecticut · 1878
- First Federal Savings & Loan Ass'n of Rochester v. PellechiaConnecticut Appellate Court · 1993
- Murphy v. MurphyConnecticut Superior Court · 1978
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