Legal Opinion

Walko v. Walko

Supreme Court of Connecticut

Decided February 19, 1894PublishedCited by 13 opinions

Action of replevin brought before a justice of the peace in the town of Ridgefield, and thence by the plaintiff’s appeal to the Court of Common Pleas in Fairfield County, Curtis, J., where judgment was rendered for the defendant, and the plaintiff appealed to this court. In the justice court the defendant filed a plea in abatement alleging that, “ at the time of bringing this suit, the defendant was the lawful wife of the plaintiff.”

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Action of replevin brought before a justice of the peace in the town of Ridgefield, and thence by the plaintiff’s appeal to the Court of Common Pleas in Fairfield County, Curtis, J., where judgment was rendered for the defendant, and the plaintiff appealed to this court. In the justice court the defendant filed a plea in abatement alleging that, “ at the time of bringing this suit, the defendant was the lawful wife of the plaintiff.” To this plea the plaintiff demurred as follows:—“ The plaintiff demurs to the defendant’s plea in abatement because upon the matters therein alleged the…

1Opinion of the CourtFenn, J.

This is an action of replevin, originally made returnable before a justice of the peace. In the justice court the defendant appeared, and plead in abatement to the writ and complaint, that “ at the time of bringing this suit the defendant was the lawful wife of the plaintiff.” To this plea the plaintiff demurred, “ because upon the matters therein alleged the defendant is not entitled to the relief sought.” The court found the issue for the defendant and rendered judgment in her favor for costs. The plaintiff appealed to the Court of Common Pleas, when he was again heard upon demurrer, which…

2Cases cited3 opinions

  1. Bradstreet Co. v. HigginsSupreme Court of the United States · 1885
  2. Draper v. MoriartySupreme Court of Connecticut · 1878
  3. Cady v. GaySupreme Court of Connecticut · 1863

3Cited by13 opinions

  1. State v. CaplanSupreme Court of Connecticut · 1912
  2. Mathewson v. MathewsonSupreme Court of Connecticut · 1906
  3. Douglass v. GalweySupreme Court of Connecticut · 1904
  4. Gill v. BromleySupreme Court of Connecticut · 1928
  5. Morgan v. MorganSupreme Court of Connecticut · 1926

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