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Cothren v. Atwood

William Cothren v. Roderick Atwood.

Cothren v. Atwood, 29 A. 13 (Conn. 1894)
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Court
Supreme Court of Connecticut · State Highest Courts
Decided
February 8, 1894
Judges
BY THE COURT:
Citations
29 A. 1363 Conn. 5761894 Conn. LEXIS 88
Summary
Appeal by the plaintiff in an action of book debt, from a decision of the Superior Court (Ralph Wheeler, J.), in New Haven County, sustaining the remonstrance of the defendant -and rejecting the report of committee in favor of the plaintiff.

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

Opinion of the Court

By the Court :

Under § 1129 of the General Statutes, a party can appeal only from the “judgment of the court in such cause or action.” Such appeal may undoubtedly present for review questions of law arising in the trial; but until there is a judgment rendered there can be no right of appeal. In the case before us the action of the Superior Court in sustaining the defendant’s remonstrance and declining to accept the committee’s report, was nota “judgment” within the meaning of the statute; hence the appeal must be erased from the docket. All concur. Appeal erased from the docket.

How later courts describe this case

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

1911: 11937: 11938: 12002: 119112026peak 1911 · 1

Relies on it most ⓘ

  1. Douglas-Mellers v. Windsor Insurance792 A.2d 899 (Conn. App. Ct. 2002)
  2. State v. Kemp1 A.2d 761 (Conn. 1938)
  3. Norton v. Shore Line Electric Railway Co.78 A. 587 (Conn. 1911)
  4. France v. Munson192 A. 706 (Conn. 1937)

Most recent

  1. Douglas-Mellers v. Windsor Insurance792 A.2d 899 (Conn. App. Ct. 2002)
  2. State v. Kemp1 A.2d 761 (Conn. 1938)
  3. France v. Munson192 A. 706 (Conn. 1937)
  4. Norton v. Shore Line Electric Railway Co.78 A. 587 (Conn. 1911)

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.

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