16 Conn. 34 | Conn. | 1843
The only question now presented for our advice, and which arises on the motion in arrest of judgment,
It is insisted by the plaintiff, that although the amount in controversy was not, when the action was appealed, sufficient in any of the counts to give the superior court jurisdiction, yet that when the action was tried in that court, the interest which had accrued on the claims declared on, since the appeal was taken, had increased such amount above the sum necessary to authorize an appeal; and therefore, that the court had jurisdiction. If however that court had no jurisdiction when the action was appealed, it could not acquire it, by any thing which subsequently took place. The appeal was unauthorized and void. On the principle contended for, by the plaintiff, an appeal might be taken on the smallest imaginable claim drawing interest, and by merely procrastinating the trial sufficiently long, the superior court might acquire
The superior court having no jurisdiction of the cause, an examination of the other points presented becomes unnecessary. Our advice is, that judgment be arrested.
Judgment to be arrested.