Nichols v. Hastings
Supreme Court of Connecticut
Assumpsit, brought originally to the city court of the city óf Waterbury, and by a motion in error of the plaintiff, from a judgment of that court for the defendant, to the Superior Court in New Haven county, where it was tried before Phelps, J. The declaration was as follows: “ The plaintiff declares and says that the defendant in and by a certain writing or note, under his hand, by him well executed, dated the 17th day of J une, 1867, promised the plaintiff to pay to him,…
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Assumpsit, brought originally to the city court of the city óf Waterbury, and by a motion in error of the plaintiff, from a judgment of that court for the defendant, to the Superior Court in New Haven county, where it was tried before Phelps, J. The declaration was as follows: “ The plaintiff declares and says that the defendant in and by a certain writing or note, under his hand, by him well executed, dated the 17th day of J une, 1867, promised the plaintiff to pay to him, on demand, for value received, the sum of forty dollars, with interest, as by the said writing or note ready in court to…
1Opinion of the CourtCarpenter, J.
This court decided in Denison v. Denison, 16 Conn., 34, that where the declaration consists of several counts, and the claim stated in each count was less than seventy dollars, although the aggregate of the several claims was greater than that sum, the Superior Court had not jurisdiction of the case. The city court of Waterbury therefore had no jurisdiction of this case, unless the demand stated in some one' count' in the declaration exceeded the sum of fifty dollars. The declaration consists of two counts, neither of which, on its face, is within the jurisdiction of the court. The first is…
2Cases cited3 opinions
- Denison v. DenisonSupreme Court of Connecticut · 1843
- Inhabitants of Newtown v. Inhabitants of DanburySupreme Court of Connecticut · 1821
- Main v. First School District in the Second School Society in PrestonSupreme Court of Connecticut · 1846
3Cited by5 opinions
- Holmquist v. SpinelliSupreme Court of Connecticut · 1953
- Davis v. Town of SeymourSupreme Court of Connecticut · 1890
- Sullivan v. VailSupreme Court of Connecticut · 1875
- Camp v. StevensSupreme Court of Connecticut · 1877
- New York, New Haven & Hartford Railroad v. SalterSupreme Court of Connecticut · 1926