Hurd v. Hotchkiss
Supreme Court of Connecticut
Action for the specific performance of a contract to convey certain land, or for damages, brought to the Superior Court in Fairfield County where John Hurd was, by order of the court, Thayer, Jdropped as a party plaintiff upon motion of the defendant, and the case was afterwards tried to the court, Elmer, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action for the specific performance of a contract to convey certain land, or for damages, brought to the Superior Court in Fairfield County where John Hurd was, by order of the court, Thayer, Jdropped as a party plaintiff upon motion of the defendant, and the case was afterwards tried to the court, Elmer, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The complaint claimed the specific performance of a written contract for the conveyance of land, or damages. As amended it reads as follows: “1. On the 6th day…
1Opinion of the Court
AínDítBWS, C. J.
This action was brought.originally by John Hurd and the St. Regis River Lumber Company, jointly. Before answering, the defendants moved the court “ to drop the plaintiff John Hurd from the proceedings, because of misjoinder and because it appears he has no interest to be affected by this suit.” The court granted the motion.
We incline to think this was error. Plaintiffs may ordinarily bring actions jointly or severally, as they consider their rights to require; just as plaintiffs may claim the relief to which they conceive themselves to be entitled. If it turn out in the…
2Cases cited9 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Colson v. ThompsonSupreme Court of the United States · 1817
- Town of Derby v. AllingSupreme Court of Connecticut · 1873
- King and Others v. Hamilton and OthersSupreme Court of the United States · 1830
- Given v. WrightSupreme Court of the United States · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Glotzer v. KeyesSupreme Court of Connecticut · 1939
- Mathews v. LivingstonSupreme Court of Connecticut · 1912
- Bachman v. FortunaSupreme Court of Connecticut · 1958
- McMahon v. PlumbSupreme Court of Connecticut · 1914
- Sidor v. KravecSupreme Court of Connecticut · 1949
9 more not listed; retrieve them via the Exa API.