Russell Lumber Co. v. J. E. Smith & Co.
Supreme Court of Connecticut
Action to recover for lumber sold and delivered, brought to and tried by the Superior Court in New Haven County, George W. Wheeler, J.; judgment having been rendered for the plaintiff, the defendant, more than two years thereafter, moved for a stay of execution thereon, from a denial of which by Shumway, J., it appealed.
1Per curiam
This is a motion, made two years after final judgment had been rendered in the action, asking for a stay of execution therein. The ground of the motion is that the judgment is merged in a judgment obtained by the plaintiff on scire facias against the Waterbury National Bank, who was factorized in this action as the debtor of the defendant. If such be the fact, the defendant has a remedy in the nature of an equitable action or of audita querela. A proceeding in either of these ways would result in a final judgment, from which an appeal is provided by statute. The statute provides for appeals…
2Cited by14 opinions
- Marcil v. A. H. Merriman & Sons, Inc.Supreme Court of Connecticut · 1932
- State v. SpendoliniSupreme Court of Connecticut · 1983
- Banca Commerciale Italiana Trust Co. v. Westchester Artistic Works, Inc.Supreme Court of Connecticut · 1928
- Gores v. RosenthalSupreme Court of Connecticut · 1961
- Lashgari v. LashgariSupreme Court of Connecticut · 1985
9 more not listed; retrieve them via the Exa API.