Beach v. Baldwin
Supreme Court of Connecticut
This was an action brought by Theron Beach against Birds-eu Baldwin, in which the plaintiff declared as executor of the last will of Birdsey Norton, deceased, upon a promissory note, dated the 25th of April 1816, payable to him as executor,, and in that capacity demanding damages.
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This was an action brought by Theron Beach against Birds-eu Baldwin, in which the plaintiff declared as executor of the last will of Birdsey Norton, deceased, upon a promissory note, dated the 25th of April 1816, payable to him as executor,, and in that capacity demanding damages. In the county court, the defendant pleaded in abatement, that there were certain co-executors with the plaintiff, who should have joined in the suit; on which issue was joined; but before any trial of this issue, the plaintiff moved to amend his writ and declaration, so that the action should be in the name of the…
1Opinion of the CourtWxnuAMs, J.
The principal question below, as we are informed, was, whether this plaintiff was bound to receive and answer the plea in abatement. When this cause came into the superior court, after the decision of the county court was reversed, the party who had been compelled to carry it there, by the mistake of the court below, could not be deprived of any right he would have had, if that erroneous judgment had not existed. This defendant, before the amendment, had a right to plead in abatement. That right was made useless to him, by the allowance of an amendment; which amendment was not legally…
2Cases cited1 opinion
- Parsons v. ElySupreme Court of Connecticut · 1818
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