Am. Bonding Co. v. Hoyt

• Decision Date: 10 June 1914
• Citation: 90 A. 932,88 Conn. 251
• Court: Connecticut Supreme Court
• Parties: AMERICAN BONDING CO. v. HOYT.

90 A. 932

88 Conn. 251

AMERICAN BONDING CO.

v. HOYT.

Supreme Court of Errors of Connecticut.

June 10, 1914.

Appeal from Court of Common Pleas, Fairfield County; Howard B. Scott, Judge.

Action by the American Bonding Company against Dudley E. Hoyt to foreclose a judgment lien. Judgment for plaintiff, and defendant appeals. Affirmed.

J. Lindsay Hoyt, of Stamford, for appellant. Nehemiah Candee, of South Norwalk, for appellee.

RORABACK, J. In February, 1913, the plaintiff brought suit against the defendant returnable before a justice of the peace of the town of Norwalk, and judgment was there rendered for the plaintiff for $70, and costs. A judgment lien was thereupon placed upon certain real estate standing in the defendant's name in Norwalk, which lien the plaintiff seeks to foreclose in the present proceeding. This action was brought to the town court of Norwalk, and then came to the court of common pleas on the defendant's appeal, where judgment was rendered in favor of the plaintiff for $70 and costs.

The important question to be decided now is whether the justice who rendered the original judgment had jurisdiction over the cause of action set forth in the complaint.

The defendant in the trial of the case in the court of common pleas introduced as an exhibit a copy of the justice record, which contained a copy of the complaint and a statement of the proceedings of the justice thereon.

It appears from this complaint that the plaintiff, at the request of the defendant, entered into a bond for $50 to secure the payment of costs in an action against the defendant pending in the superior court for Fairfield county, in which one Jennie G. Whitehead was the plaintiff. This bond was given by the plaintiff in consideration of a written contract signed by the defendant, in which the defendant contracted to save the plaintiff harmless from any loss or damages by reason of its giving the bond for costs.

In February, 1912, judgment was rendered in the superior court for Jennie G. Whitehead against Hoyt, the defendant, for $83.25 as costs. The defendant neglected and refused to pay this judgment, and the bonding company was compelled to pay $50, the amount of its obligation in the bond for costs.

One allegation of the complaint was that:

"In consideration of the payment of said fifty dollars, the said Jennie G. Whitehead, on the 20th day of November, 1912, did assign and transfer her right, title, and interest in and to a portion of said judgment obtained as aforesaid, to wit, the sum of fifty (.50) dollars of said judgment, of which the defendant herein had due notice."

The plaintiff's claim for relief was to recover $100. There was no objection to any defect in the proceedings before the justice court.

It is stated in the judgment file that:

"This action, by complaint, claiming judgment for one hundred dollars ($100) damages, came before me, a justice of the peace for said county, holding court at South Norwalk, in said town of Norwalk, on the 1st day of March, A. D. 1913, when and where the parties appeared. Said action came thence by continuance to March 8, 1913, at 10 a. m., at which time the plaintiff appeared, but the defendant made no appearance. Thereafter said action came by continuance to March 15, 1913, of which continuance the defendant had due notice, but he made no appearance and filed no answer or defense, and judgment was rendered for the plaintiff for want of answer or defense."

The defendant contends...