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Irving Trust Company v. Atwood

Irving Trust Company Et Al., Trustees v. Alice B. Atwood

Irving Trust Co. v. Atwood, 15 Conn. Super. Ct. 114 (1946)
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Court
Connecticut Superior Court · State Appellate Courts
Decided
December 24, 1946
Docket
No. File 67970
Judges
King
Citations
15 Conn. Super. Ct. 11415 Conn. Supp. 1141946 Conn. Super. LEXIS 152
Cited by 5

Opinion of the Court — King

KING, J.

The demurrer asserts that the second special defense is inefficacious because the New York statute therein re' ferred to and relied upon is inapplicable “since no personal jurisdiction over the defendant was obtained in the foreclosure proceedings referred to in said Second Special Defense”.

It nowhere appears in the complaint or in this special defense ■that no personal jurisdiction was obtained in the foreclosure action. The defendant’s counsel in oral argument stated that ■the first special defense showed that there was no personal jurisdiction. Even if this were correct, it would be immaterial. “ ‘A demurrer, in opening a record, opens only that branch which it terminates’.” 41 Am. Jur., 456 , § 233. Here the branch terminated by the demurrer would consist of the complaint and the second special defense. The first special defense is not attacked by, and so is not included in the branch of the record terminated by, the demurrer.

Santoro v. Kleinberger, 115 Conn. 631, 633 .

It thus appears that the recital in the demurrer of the absence of personal jurisdiction is an allegation of fact which makes the demurrer a “speaking demurrer.”

Andrews Industries, Inc.

v. Andrews, 14 Conn. Sup. 305 .

For the foregoing reasons the demurrer to the second special defense must be, and is, overruled on all grounds.

How later courts describe this case

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

Cited by 5 cases

View all citing references →
1954: 11955: 11967: 11986: 11994: 119542026peak 1954 · 1

Relies on it most ⓘ

  1. Alpha Crane Service, Inc. v. Capitol Crane Co.504 A.2d 1376 (Conn. App. Ct. 1986)
  2. Swainbank v. Coombs115 A.2d 468 (Conn. Super. Ct. 1955)
  3. Fanfesti v. Englehardt238 A.2d 429 (Conn. Super. Ct. 1967)
  4. Rosen v. Colligan110 A.2d 490 (Conn. Super. Ct. 1954)
  5. Oxer v. Milani, No. Cv93 0130487 S (Oct. 12, 1994)1994 Conn. Super. Ct. 10448 (1994)

Most recent

  1. Oxer v. Milani, No. Cv93 0130487 S (Oct. 12, 1994)1994 Conn. Super. Ct. 10448 (1994)
  2. Alpha Crane Service, Inc. v. Capitol Crane Co.504 A.2d 1376 (Conn. App. Ct. 1986)
  3. Fanfesti v. Englehardt238 A.2d 429 (Conn. Super. Ct. 1967)
  4. Swainbank v. Coombs115 A.2d 468 (Conn. Super. Ct. 1955)
  5. Rosen v. Colligan110 A.2d 490 (Conn. Super. Ct. 1954)

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 2

DepthCaseCited by
Santoro v. Kleinberger, 163 A. 107 (Conn. 1932) 45
Andrews Indus. v. Andrews, 14 Conn. Super. Ct. 305 (1946) 2

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