183 A. 748 | Conn. | 1936
The defendant Zahariades brought an action of summary process against the plaintiff returnable before a justice of the peace, and judgment was rendered in his favor. Thereafter the plaintiff brought a writ of error to the Court of Common Pleas from that judgment. Later the writ was withdrawn by her attorney. She brought the present action to enjoin the enforcement of the judgment in the summary process suit by execution. At the trial she based her claim for relief upon three grounds: That the justice of the peace had improperly denied her a jury trial in the summary process action; that the withdrawal of the writ of error was unauthorized; and *703 that she entered into the lease which was the basis of the summary process action by reason of fraudulent representations made to her by Zahariades.
If the justice of the peace improperly denied her a jury trial, that might constitute an error justifying relief in a direct attack by writ of error, as was attempted; but that denial would not deprive the court of jurisdiction or make the judgment void; Case v. Bush,
There is no error.
