Shaw v. Jackson
Supreme Court of Connecticut
Suit to remove an attachment of real estate constituting an alleged cloud upon the plaintiff’s title, brought to the Superior Court in Fairfield County where a demurrer to certain paragraphs of a plea in abatement was sustained and an issue of fact upon the remaining paragraph was found for the plaintiff (Case, J.), and the cause was afterward tried to the court, Gager, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.
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Suit to remove an attachment of real estate constituting an alleged cloud upon the plaintiff’s title, brought to the Superior Court in Fairfield County where a demurrer to certain paragraphs of a plea in abatement was sustained and an issue of fact upon the remaining paragraph was found for the plaintiff (Case, J.), and the cause was afterward tried to the court, Gager, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The record contains a finding of substantially these facts: At the time of bringing this action the plaintiff was an inhabitant of this…
1Opinion of the CourtShumway, J.
The demurrer to paragraphs one and three of the plea in abatement was properly sustained.
The court, upon issue joined upon paragraph two of the plea, found as a fact that the plaintiff was an inhabitant of this State at the time of bringing the action. There is nothing inconsistent in the finding and the evidence, that the plaintiff had resided for three years in New York, if he had come into the State with an intention of remaining before bringing the action. But the evidence showed that his residence in New York was not at any time intended to be permanent, and that he regarded this State…
2Cases cited2 opinions
- Waterman v. BuckinghamSupreme Court of Connecticut · 1906
- Ives v. StoneSupreme Court of Connecticut · 1884
3Cited by6 opinions
- Basak v. DamutzSupreme Court of Connecticut · 1926
- Markham v. SmithSupreme Court of Connecticut · 1935
- Travelers Insurance v. MayoSupreme Court of Connecticut · 1925
- Ciezynski v. New Britain Transportation Co.Supreme Court of Connecticut · 1936
- Slade v. SladeConnecticut Superior Court · 1936
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