Legal Opinion

Kenney v. Walker

Connecticut Superior Court

Decided October 28, 1948No. File 83239PublishedCited by 6 opinions

1Opinion of the CourtKing, J.

The plaintiff alleged in general terms an illegal confinement in the Connecticut State Prison at Wethersfield. The defendant, through the assistant state’s attorney, filed a re' turn alleging certain facts regarding the confinement. Issue was not joined on this return by any pleading, but the plaintiff’s counsel orally admitted the truth of the allegations of the return. Both because of this oral admission and also under the rules of pleading, the allegations of the return stood admitted. Practice Book § 103; Williamson, Ltd. v. Perry, 111 Conn. 317, 324. The court took the case as tendered…

2Cases cited10 opinions

  1. State v. VaughanSupreme Court of Connecticut · 1899
  2. Anselmo v. CoxSupreme Court of Connecticut · 1948
  3. State v. McGuireSupreme Court of Connecticut · 1911
  4. Redway v. WalkerSupreme Court of Connecticut · 1945
  5. Scott v. SpiegelSupreme Court of Connecticut · 1896

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3Cited by6 opinions

  1. United States Ex Rel. Jesse Embree v. George A. Cummings, WardenCourt of Appeals for the Second Circuit · 1956
  2. State v. HenkelConnecticut Superior Court · 1961
  3. Reed v. ReinckeSupreme Court of Connecticut · 1969
  4. State v. DowdyConnecticut Superior Court · 1967
  5. State v. HenkelConnecticut Appellate Court · 1961

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