59 Conn. 102 | Conn. | 1890
The appeal in this case presents two questions : one in respect to a plea in abatement, the other in respect to the admission of evidence. The complaint was returnable and was returned to the Superior Court in-New Haven County on the first Tuesday of March, 1888, at which time the parties respectively appeared. On the third day of March, 1890, and after the case had been regularly assigned for trial, the defendant filed with the clerk, but without leave of the court, a plea in abatement for causes which in fact existed at the time the suit was brought, but of which the defendant was ignorant until that day. At the opening of the trial the plaintiff moved the court that the plea in abatement be stricken from the files of the case. The court allowed the motion. This is alleged as error.
The first section of rule 19 of the general rules of practice (Practice Act, page 261), is that “all pleas in abatement in the Superior Court must be filed on or before the opening of the court on the day following the return day of the writ.” The rule was intended to be exclusive. Ignorance of a cause of abatement will never justify the filing a plea after the time limited. James v. Morgan, 36 Conn., 348.
On the trial of the case, for the purpose of proving the indebtedness claimed in the complaint and specifically mentioned in the bill of particulars, the plaintiff offered in evidence the record of a case entitled Huntley et al. v. Holt et ux., tried in the Superior Court for New Haven County at its October session, 1889. To the admission of this record the defendant objected, but the court admitted it. This is the other alleged error.
We think there was no error in admitting that record. “ The general rule is well settled that the estoppel of a for
It is found that Halstead, Harmount & Co. are now the assignees of the whole debt owed by Alfred Holt to Huntley;—that is, the whole of the debt for which this suit is brought. The suit might have been prosecuted in his name for their benefit. Saugatuck Bridge Co. v. Town of Westport, 39 Conn., 337. But whether prosecuted in their own name or in Huntley’s name, they are the real parties in interest as plaintiffs. Comparing then the present suit with the issue formed in the prior one on the separate defense pleaded by Alfred Holt, it appears that the parties plaintiff are identical in legal right. The defendant is the same, and the subject matter is the very same that was then tried and decided; so that this case is brought within the strictest definition of an estoppel by a former judgment—identity of parties and identity of the cause of action. Supples v. Cameron, 44
“ It is an established rule in the administration of justice that all controversies between parties, once litigated and fully and impartially determined, shall cease; and to that end no fact involved in such litigated controversy, shown by the record to have been material to its determination and to have been put in issue and decided, whether the proceeding was at law or in equity, shall again be litigated between the same parties.” Judge Butler in Munson v. Munson, supra.
There is no error in the judgment appealed from.
In this opinion the other judges concurred.