Legal Opinion

McNamara v. Rogers

Supreme Court of Connecticut

Decided September 15, 1869PublishedCited by 1 opinion

Writ oe Error, to reverso a judgment of a justice of the peace in an action of summary process to recover possession of leased premises; brought to the Superior Court in New Haven county and tried before Himnan, O. J. The court affirmed the judgment of the justice and the plaintiff in error (defendant in the original suit) brought the record before this court by a motion in error. The case is fully stated in the opinion.

1Opinion of the CourtButler, J.

The principal error assigned upon this record is founded on the fact that the process was issued by one justice of the peace, returnable before another justice. The fact was pleaded in abatement before the justice and the plea in abatement held insufficient on demurrer. The Superior Court found no error in that ruling and affirmed the judgment of the justice, and that question with others is before us for revision.

The objection is purely technical, for the act of issuing the process was purely ministerial, but it would be our duty to sustain it nevertheless, if satisfied that it was…

2Cases cited3 opinions

  1. Fox v. HoytSupreme Court of Connecticut · 1838
  2. Hopkins v. Town of PlainfieldSupreme Court of Connecticut · 1828
  3. Burgess v. TweedySupreme Court of Connecticut · 1843

3Cited by1 opinion

  1. Mangusi v. VigiliottiSupreme Court of Connecticut · 1926

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