35 Conn. 105 | Conn. | 1868
Most of the questions in this case are the same as in the case between the same plaintiffs and Curtis Bacon, and nothing further need be said in relation to them. The two cases, being both writs of scire facias in favor of the same plaintiffs, one against Bacon, and the other against this defendant, were both commenced by process signed only by a justice of the peace, and on that ground were both erased from the docket on motion of the defendant’s counsel, at the same September term of the Superior Court in 1866. The defendants in both actions had been made severally garnishees in the same original suit by the present plaintiffs against D. S. Stetson and others, and the plaintiffs filed motions in error in both the actions, which were allowed, and the questions thereon reserved for the advice of the Supreme Court of Errors, at its then next ensuing term at Hartford. But as the questions raised were the same in both cases, it was arranged and agreed 'between the counsel, who were also the same in both cases, that the motion in the suit against Bacon only should be carried forward for trial, and that the suit against Mr. Fellows should not be tried, but the decision in the case against Bacon should apply to and.govern that, and the same judgment should be rendered in both cases. The plaintiffs’ counsel relying on this agreement, accordingly omitted to carry forward the motion in the present case against Mr. Fellows. And the Supreme Court of Errors having reversed the order of the Superior Court dismissing the case against Bacon and erasing it from the docket, and the Superior Court at its September term in 1867 having reentered the same for trial, pursuant to the advice of the Supreme Court of Errors, the counsel for the plaintiffs moved the court to restore this case also- to the docket, pursuant to
We are of opinion that the Superior Court was right in reentering the case on its docket for trial. The claim that the case against Bacon could only be restored to the docket of the Superior Court by an express order of the Supreme Court, remanding it to that court for trial, we have held to be incorrect in our decision of that case, and when the same judgment reversing the order erasing the cases from the docket of the Superior Court is entered up in both cases, which we do not understand Mr. Fellows to object to, since it is within the express words of his agreement, it must follow of course that if it was proper for the court to restore the case against Bacon to the docket, it was equally proper at
The other questions involved in the case are the same as in the case between the same plaintiffs and Curtis Bacon defendant, and we therefore refer to the opinion in that case for our views of them.
We find no error in the judgment complained of.
In this opinion the other judges concurred.