Vincent v. Mutual Reserve Fund Life Asso.
Supreme Court of Connecticut
Writ of error to reverse an order of the Superior Court in New Haven County (Ralph Wheeler, •/.) erasing a cause from the docket of said court. The defendant in error filed a plea in abatement, on the ground that no bond with surety for tbe prosecution of the writ had been taken at the time the writ was issued; to which plea the plaintiff demurred. By consent the case was heard at the same time upon the demurrer and upon the merits.
1Opinion of the CourtTokbance, C. J.
The demurrer to the plea in abatement will be first considered. The only entry upon the record with regard to the taking of a bond for the prosecution of the writ of error was the following memorandum on the writ: “Charles S. Hamilton of New Haven is recognized in the sum of $50 to prosecute.” The statute (Rev. 1902, § 821) provides that the authority signing a writ of error “ shall, before its issue, take good and sufficient bond, with surety, that the plaintiff in error shall prosecute his suit to effect, and answer all damages if he fail to make his plea good.” The plea in abatement…
2Cases cited6 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Lovejoy v. IsbellSupreme Court of Connecticut · 1898
- Sanford v. BaconSupreme Court of Connecticut · 1903
- Town of New Haven v. RogersSupreme Court of Connecticut · 1864
- Deveau v. SkidmoreSupreme Court of Connecticut · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Vincent v. Mutual Reserve Fund Life Asso.Supreme Court of Connecticut · 1904
- Kroeger v. SafranekNebraska Supreme Court · 1955
- Gable v. the Pathfinder Irrigation DistrictNebraska Supreme Court · 1955
- Harris v. HelensOregon Supreme Court · 1914
- Palmer v. Des ReisSupreme Court of Connecticut · 1949
6 more not listed; retrieve them via the Exa API.