Costecski v. Skarulis
| Decision Date | 23 December 1925 |
| Court | Connecticut Supreme Court |
| Parties | COSTECSKI v. SKARULIS ET AL. |
Appeal from Superior Court, New Haven County; Earnest C. Simpson, Judge.
Action for injunction and damages by Michael Costecski against Ella Skarulis and others. Judgment of the city court was entered for plaintiff, and on appeal to the superior court defendants' demurrer to plaintiff's plea in abatement was sustained, and plaintiff appeals. Appeal dismissed.
James F. Rosen and Harold E. Alprovis, both of New Haven, for appellant.
Samuel Shapiro and Samuel Bailey, both of New Haven, for appellees.
This action was brought by plaintiff in the city court of New Haven where he had judgment, from which judgment defendants appealed to the superior court. In connection with this appeal the time for filing notice of same was extended by the city court on defendants' motion, and when the action reached the superior court the plaintiff pleaded in abatement to the appeal, attacking the right of the city court to extend the time for filing notice of appeal. To this plea defendants demurred, and their demurrer was sustained. Thereupon plaintiff appealed to this court from this decision. The appeal has no standing in this court. There was no judgment of the superior court, much less a final judgment. After the sustaining of the demurrer to the plea by the superior court, the action remained rightfully pending there, and to be thereafter heard upon its merits, upon the pleadings in the court below, or upon such amended pleadings as might legally be filed. Appeal to this court must be from a final judgment. The appeal should be dismissed and erased from the docket of this court.
Appeal dismissed.
To continue reading
Request your trial
-
Breen v. Phelps
...623, 627, 356 A.2d 893 (1975). It has been expressly held that the sustaining of a demurrer is not a final judgment. Costecski v. Skarulis, 103 Conn. 762, 131 A. 398 (1925). A plaintiff, however, may elect to stand upon a complaint which has been stricken as deficient by refusing to plead f......
-
State v. Kemp
... ... or overruled, is not a final judgment from which an appeal ... may be taken; Huntington v. McMahon, 48 Conn. 174, ... 201; Costecski v. Skarulis, 103 Conn. 762, 131 A ... 398. Thus where the trial court sustained the demurrer of a ... town, defendant in the action, we held that ... ...
-
Campbell v. Plymouth
...proceedings could not affect them." White v. White, 42 Conn. App. 747, 749, 680 A.2d 1368 (1996); see also Costecski v. Skarulis, 103 Conn. 762, 762-63, 131 A. 398 (1925) (holding no final judgment when case remains pending in trial court "to be thereafter heard upon its merits, upon the pl......
-
Beach v. Beach Hotel Corp.
... ... 304, ... 307, 142 A. 838; Martin v. Sherwood, 74 Conn. 202, ... 203, 50 A. 564; Denton v. Danbury, 48 Conn. 368, ... 371; Costecski v. Skarulis, 103 Conn. 762, 131 A ... 398. This accords with the uniform practice to raise ... questions presented by such rulings upon an appeal ... ...