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Neville v. Frary

Joseph P. Neville v. John Frary.

Neville v. Frary, 89 A. 882 (Conn. 1914)
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Court
Supreme Court of Connecticut · State Highest Courts
Decided
March 5, 1914
Judges
Prentice, Thayer, Roraback, Wheeler, Beach
Citations
89 A. 88288 Conn. 501914 Conn. LEXIS 8
Disposition
No error.
Headnotes
This court will not grant a new trial nor intervene to correct a judgment for nearly $1,000, merely because of the alleged erroneous allowance of an item of $6. Under such circumstances the familiar maxim of De minimis non curat lex is applicable.
Summary
Action to recover the contract price for furnishing and installing twenty-four furnaces in the defendant’s tenement houses, brought to and tried by the Superior Court in Hartford County, Case, J.; facts found and judgment rendered for the plaintiff for $978, and appeal by the defendant.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

Per Curiam.

The only error complained of arises out of the inclusion of an item of $6 in a judgment for nearly $1,000. If it were so that this item was erroneously allowed, that fact would not warrant either the setting aside of the judgment, or, if it so be that a new trial could be avoided by a direction for the correction in judgment, such intervention by this court. The item is too insignificant to claim our attention, and we give it no other attention than to note its insignificance.

De minimis non curat lex is a familiar maxim, frequently applied by us, expressive óf a principle not to be ignored by parties in the taking of appeals, or by us upon the *51 appeal, if ignored by them.

Old Saybrook v. Milford, 76 Conn. 152, 157 , 56 Atl. 496 ;

Chany v. Hotchkiss, 79 Conn. 104, 108 , 63 Atl. 947 ;

Mathews v. Livingston, 86 Conn. 263, 272 , 85 Atl. 529 .

There is no error.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 119192026peak 1919 · 1

Relies on it most ⓘ

  1. Augat v. Tetmeyer108 A. 510 (Conn. 1919)

Most recent

  1. Augat v. Tetmeyer108 A. 510 (Conn. 1919)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Mathews v. Livingston, 85 A. 529 (Conn. 1912) 36
Chany v. Hotchkiss, 63 A. 947 (Conn. 1906) 10
Town of Old Saybrook v. Town of Milford, 56 A. 496 (Conn. 1903) 6

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