69 A. 1021 | Conn. | 1908
The only question in this case was whether the judgment sued upon, for $4,500 alimony, had been paid and satisfied. The answer admits all the allegations of the complaint except the fifth, which states that the judgment has not been paid, and sets up as a special defense that, after the alimony became due, the defendant's intestate, who was the divorced husband of the plaintiff and against whom the judgment was rendered, deposited $4,500 in savings-banks in the plaintiff's name, the interest being payable to her, and the principal, at her death, being payable to her children, and that the plaintiff accepted these deposits in full satisfaction of the judgment sued upon. The plaintiff in reply denied the allegations contained in this defense. The court found all the allegations of the second defense true. This finding of the issues of fact in favor of the defendant entitled him to a judgment (Powers v. Mulvey,
The court properly excluded the inventory of the testator when offered in evidence by the plaintiff. It had no tendency to prove any issue which was raised by the pleadings or was in any way before the court.
There is no error.
In this opinion the other judges concurred.