Cothren v. Atwood
| Decision Date | 08 February 1894 |
| Citation | 29 A. 13,63 Conn. 576 |
| Parties | COTHREN v. ATWOOD. |
| Court | Connecticut Supreme Court |
Appeal from superior court, New Haven county; Ralph Wheeler, Judge.
Action by William Cothren against Roderick Atwood on book account. Defendant's remonstrance sustained, and committee's report in plaintiff's favor rejected. Plaintiff appeals. Appeal erased.
Edward F. Cole, for appellant. Henry C. Baldwin and John O'Neill, for appellee.
Under section 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 not a "judgment" within the meaning of the statute; hence, the appeal must be erased from the docket. All concur. Appeal erased from the docket.
To continue reading
Request your trial
-
State v. Kemp
... ... sustaining a demurrer to a remonstrance to a committee's ... report and refuses to accept that report. Cothren v ... Atwood, 63 Conn. 576, 29 A. 13 ... [1 A.2d 763] ... Recognizing the force of these decisions the appellants claim ... ...
-
France v. Munson
... ... confined to appeals from final judgments. In the absence of a ... judgment there can be no appeal. Cothren v. Atwood, ... 63 Conn. 576, 29 A. 13; White v. Howd, 66 Conn. 264, ... 266, 33 A. 915; Costecski v. Skarulis, 103 Conn ... 762, 131 A. 398. If ... ...
-
Douglas-Mellers v. Windsor Insurance Co.
...created to reach the merits in In re Application of Clinton Oyster Ground Committee, this case is more analogous to Cothren v. Atwood, 63 Conn. 576, 29 A. 13 (1894). In Cothren, an appeal was taken from an order sustaining a remonstrance and rejecting the report of a committee in an action ......
-
Appeal of Norton
...by chapter 112, Pub. Acts 1905; State v. Vaughan, 71 Conn. 460, 42 Atl. 640; White v. Howd, 66 Conn. 266, 33 Atl. 915; Cothren v. Atwood, 63 Conn. 576, 29 Atl. 13; Martin v. Sherwood, Rec, 74 Conn. 202, 50 Atl. If the granting of the motion to erase is not a final judgment, it must follow t......