Execution not to issue without answer to the suit by himself or attorney, then the court shall continue the same to the next term, and may direct notice to be given to the defendant of the pendency of the suit, by publication in some newspaper or otherwise, as it may judge expedient; and if the defendant should not then appear by himself or attorney, and be so remote that it is not probable that he has received notice of the pendency of the suit, the court shall continue the suit to the next term; and if he does not then appear, may render judgment against him on default; and where judgment shall be entered up against him on default, after such continuances, execution shall not issue thereon until the plaintiff shall have lodged with the clerk bond. of the court a bond to the adverse party, with one or more sufficient sureties, in double the sum of such judgment, to refund the whole, or such part of it, as the court, upon a writ of error, or petition for a new trial, to be brought within one year after such judgment, Land taken by shall adjudge and determine that the plaintiff had no right to re- be aliened till cover; and no real estate taken by an execution granted on such after twelve first judgment shall be aliened or conveyed till after the expiration of twelve months from the rendition of such judgment, or till after a decision in favor of the original plaintiff, upon a writ of error or petition for a new trial, brought within twelve months as aforesaid.* SECT. 78. When a suit is brought before a justice of the peace Continuance by justice of peace against a defendant who is an inhabitant of the state, but is absent if defendant out at the commencement of the suit, and does not return before the of the state. trial, such action shall be adjourned a reasonable time, not less than one month, nor more than nine months, to give an opportunity for the defendant to return or to send notice to him. execution not to months. SECT. 79. When a suit is brought before a justice of the peace When defendant against a defendant who is not an inhabitant or resident of this state, a non-resident. and actual notice is not given to him, the action shall be adjourned for a term not less than three nor more than nine months. CHAPTER V. OF VENUE AND JURISDICTION. tried. SECT. 80. All suits wherein the title to land is to be tried and Title to land, determined, and all actions of trespass, quare clausum fregit, shall where to be be brought and tried in the county, and if brought before a justice of the peace, in the town, where the land lies, and all other actions Other actions, which may be brought before the superior court, shall be brought where. and tried in that county where the plaintiff or defendant dwells, if * Party only can take advantage of levy on an execution taken out without requisite bond. Marcy v. Russ, 1 Root, 176. Where bond is not necessary. Smith v. Silliman, 8 C. R. 111. What should be the form of the judgment. Strong v. Meacham, 1 Root, 391. Proceedings against non-resident erroneous, when. Stoyel v. Westcott, 3 Day, 349; Aldrich. Kinney, 4 C. R. 380. Where suit brought against joint contractors by service on one of them in this state, though the others absent from and not residents of this state, judgment by default against all, at the first term, valid. Bishop v. Bull, 1 Day, 141; Southmayd v. Backus, 3 C. R. 474. 1863. counties. they or either of them are inhabitants of this state; but if neither of them is an inhabitant of this state, then the action shall be brought and tried in the county where the defendant is when the suit is commenced, or, if the defendant is not within the state, where the estate is which is attached.* SECT. 81. All suits involving the title to land, and all actions of Where land lies trespass to land, when such land consists of an entire lot, tract, or in two or more farm of land, lying partly in two or more counties, may be brought and tried in either of such counties, and if any such suit or action is brought before a justice of the peace, and such lot, tract, or farm of land lies in two or more towns, it may be brought and tried in either of such towns. Suits before justices, where. 1863. Where to be SECT. 82. All actions cognizable by a justice of the peace, except as provided in the two next preceding sections, shall be brought and tried in the town where the plaintiff or defendant, or one of the plaintiffs or defendants dwells; but if there be no justice of the peace in either of said towns, who can lawfully try the case, the plaintiff may bring his suit before a justice of the peace, in one of the towns next adjoining his place of abode, or next adjoining the place of abode of the defendant.t SECT. 83. If in a suit in which the title to land is to be tried and tried if justice determined, or in an action of trespass quare clausum fregit, there disqualified. be no justice of the peace in the town, or if the lot, tract, or farm of land lies in two or more towns, and there be no justice of the peace in either of such towns, who can lawfully try the same, such suit may be brought before a justice of the peace in a town next adjoining the town or one of the towns in which the land lies. 1828. SECT. 84. Any bank or other incorporation established by this Where corpora- state, or by the congress of the United States, may sue before the superior court in the county where such bank or a branch thereof, or other incorporation is located and transacts business. tions may sue. Suits by foreign corporation, against inhabitants of this state. 1856. &c., resides out SECT. 85. All actions brought by any corporation situated without this state, and incorporated by the laws of any other state, or government, against one or more of the inhabitants of this state, shall be made returnable to a justice of the peace, in the town in which the defendant or one of the defendants resides, or to the superior court in the county in which such town is situated. SECT. 86. Whenever in any suit, brought by an executor or adWhere executor, ministrator, or executors or administrators, the plaintiff, or all the of this state, plaintiffs shall not be a resident or residents of this state, the same where suit to be court shall have jurisdiction as would have, if the plaintiff resided brought. In In suits for rents and profits, title not in question. Lewis . Martin, 1 Day, 263. Title to land not in question in bill for foreclosure. Broome v. Beers, 6 C. R. 198. what county United States must bring action. United States v. Noyes, 4 C. R. 340. Suits in favor of or against corporations, may be brought in a county where any stockholder resides. Wood v. Hartford Fire Ins. Co., 13 C. R. 202. In Forcible Entry and Detainer, not necessary for justice to be resident of town where land lies. Quinebang Bank v. Tarbox, 20 C. R. 510. Justice must reside in town where the cause is tried. Palmer v. Palmer, 1 Root, 202; Scovill v. Smith, 1 Root, 300; Allen v. Vining, 1 Root, 813; Abby v. Cargel, i Root, 403. When justice of adjoining town has no jurisdiction. Humphreyville . Perkins, 5 Day 117. Town next adjoining" plaintiff's may be in another county. Lyme v. East Haddam, 14 C. R. 394. Justice may adjourn to defendant's town and back to his own. Lyme v. East Haddam, 14 C. R. 394. Whether U. S. Bank may be sued in the state courts. Sill v. Bank of United States, 5 C. R. 102. in the town, where the court of probate which granted administra tion is holden. the peace. 1853. SECT. 87. All causes in which the debt, trespass, damage, or 1862. Final jurisdic other matter in demand, does not exceed fifty dollars, except actions tion of justices of of disseisin, shall be heard and determined by a justice of the peace. SECT. 88. An appeal may be had and allowed from the judgment rendered in any case, except in summary process, by a justice of the Appeals, when peace to the next superior court holden in the county in which the judgment is rendered, but no such appeal shall be allowed, until the party appealing shall become bound to the adverse party in such sum as the justice of the peace shall order and direct, in a recognizance with sufficient surety, conditioned to prosecute such appeal to effect.* to be entered. SECT. 89. All appeals to the superior court may be entered by Appeals, when the appellant before the second opening of the court, without cost, and at any time afterwards during the same term, unless the appeal shall have been entered by the appellee as hereinafter provided, on paying to the appellee all his cost in such cause arisen at the time, including the expense of the copy, if the appellee shall have procured one, for the purpose of entering the appeal, which shall not be refunded however the cause may be eventually determined. The appellee may, after the second opening of the court, at any time during the same term, enter said appeal, if the same shall not have been entered by the appellant, and have the judgment of the court from which the appeal was taken, affirmed with additional cost. Such judgment may, at the discretion of the court, be set aside, on motion of the appellant at any time during the same term, on payment to the appellee of all his cost up to that time, including the expense of the copy, and the appellant may, on making such payment, prosecute such appeal, the same as if he had entered the appeal himself. CHAPTER VI. OF ABATEMENT. SECT. 90. No writ, pleading, judgment, or any kind of proceed- Writs, &c. not ing in court or course of justice, shall be abated, suspended, set to abate for cir aside, or reversed for any kind of circumstantial errors, mistakes, or fects. * What sum determines jurisdiction. Thompson v. Wales, Kirby, 35; Williams v. Leeds, Kirby, 278; Miles . Troop, 1 Root, 148; Butler v. Brace, 1 Root, 302; Glover *. Abel, 1 Root, 302; Lord v. Merwin, 1 Root, 276; Hurlbut v. Rogers, 2 Root, 60; Pitkin e. Flowers, 2 Root, 42; Rowley . Young, 3 Day, 118; Newtown v. Danbury, 3 C. R. 553; Lockwood v. Knapp, 4 C. R. 257; Skinner v. Bailey, 7 C. R. 496; Denison v. Denison, 16 C. R. 34; Maine v. First School District, 18 C. R. 214. Liability of surety on recognizance. Lockwood v. Jones, 7 C. R. 431; Parsons v. Williams, 9 C. R. 236. Want of surety to bond on appeal does not prevent superior court from taking jurisdiction if appellee waive the defect. What conduct of appellee amounts to such waiver. Ives v. Finch, 22 C. R. 101. Appeal lies from judgment on nihil dicit. Bugbee v. Abbot, 1 Root, 109. Appeal vacates judgment. Curtiss v. Beardsley, 15 C. R. 518. When judgment not vacated. Blackman v. Beha, 24 C. R. 331. cumstantial de defects, if the person and the cause may be rightly understood and intended by the court.* SECT. 91. When any plea shall be made in abatement of any writ or process before the superior court, or before a justice of the peace, if it be ruled in favor of the defendant, the plaintiff shall have liberty to amend the defect on paying to the defendant his cost to that time, and then to proceed in the same manner as he might have done had there been no defect in the writ, and in case the defendant appeal from a judgment rendered on a plea in abatement, and shall not make good his plea by the judgment of the court to which he appeals, he shall be liable to pay costs, and execution shall issue against him for the same, although the cause shall finally be decided in his favor. SECT. 92. Upon the trial of any issue in fact which shall be joined upon plea in abatement in any civil action, the finding of the court or the verdict of the jury shall not preclude the parties from contesting the cause upon its merits, and if in favor of the plaintiff, Count beyond the jurisdiction of a justice no part of a declaration containing other counts within his jurisdiction. Lyon v. Alvord, 18 C. R. 66. Party may not appeal from judgment wholly in his own favor. Holton v. Ruggles, 1 Root, 318; Raymond v. Barker, 2 Root, 370. Appeal lies after default and hearing in damages. Mead v. Coggshall, Kirby, 17. No appeal from judgment of nonsuit. Hoyt v. Brooks, 10 C. R. 188. Parties cannot make case appealable by agreement. Savage v. White, 2 Root, 377. On appeal, no reference to pleadings below, necessary. King v. Lacy, 8 C. R. 499. Actions not appealable may be dismissed. Strong v. Meacham, Chapman v. Griffin, 1 Root, 525; Perkins v. Perkins, 7 C. R. 558. Appeal comes to a higher court as an original case. Phelps v. Hurd, 31 C. R. 444. *When plea in abatement may be sustained. Mills v. Bishop, Kirby, 4; Bradley v. Camp, Kirby, 87; Northrop v. Brush, Kirby, 108; Lankton v. Scott, Kirby, 356; Venner v. Underwood, 1 Root, 78; Payne v. Bacon, 1 Root, 109; Thatcher v. Heacock, 1 Root, 284; Glover v. Abel, 1 Root, 302; Nichols v. Shaw, Root, 315; Holbrook v. Hide, 1 Root, 887; Whitly v. Barker, 1 Root, 406; Lord v. Strong, 1 Root, 475; Nichols v Baldwin, 1 Root, 496; Fuller v. Reed, 2 Root, 188; Gray v. Webb, 2 Root, 257; Chancey v. Strong, 2 Root, 369; Tyler v. Tyler, 2 Root, 519; Gleason v. Chester, 1 Day, 27; Phelps v. Ellsworth, 3 Day, 144; King v. Coit, 4 Day, 129; Hart v. Granger, 1 C. R. 154; Hinman v. Taylor, 2 Č. R. 357; United States v. Noyes, 4 C. R. 340; Butts v. Francis, 4 C. R. 424; Beach v. Norton, 8 C. R. 71; White v. Webb, 15 C. R. 302; Ormsbee v. Davis, 16 C. Ř. 567. When not. Lawrence v. Kingman, Kirby, 6; Snow v. Antrim, Kirby, 174; Place v. Lyon, Kirby, 404; Seers v. Blakesley, 1 Root, 54; Hallam v. Mumford, 1 Root, 58; Sigony v. Richards, 1 Root, 119; Embra v. Silliman, 1 Root, 128; Miles v. Troop. 1 Root, 148; Windham v. Hampton, 1 Root, 175; Butler v. Brace, 1 Root, 302; Curtice v. Scovill, 1 Root. 327; Curtice v. Bulkley, 1 Root, 329; Durand v. Carrington, 1 Root, 355; Treat v. Carrington, 1 Root, 356; Kipple v. Coleman, 1 Root, 407; Select v. Olmstead, 1 Root, 497: Heirs of Shelden v. Robbins, 2 Root, 190; Ainsworth v. Dyer, 2 Root, 202; Phelps v. Yeomans, 2 Day, 227: Tweedy v. Jarvis, 27 C. R. 42. When plea in abatement is too late. Bulkley v. Starr, 2 Day, 552; Witter v. Mott, 2 C. R. 67. When not. Church v. Bellamy, Kirby, 289. When plea in abatement, and to the jurisdiction are repugnant. Sherwood v. Stevenson, 25 C. R. 431. In plea in abatement, a consonant as well as a vowel may represent a christian name. Tweedy v. Jarvis, 27 C. R. 42. When cause may be erased from docket without plea. Sweet v. Dow, 1 Root, 409; Durkee v. Varnum, 1 Root, 410: Coggswell v. Wheaton, 1 Root, 458. Wildman v. Rider, 23 C. R. 172. When not. Bulkley v. Starr, 2 Day, 552. Form and requisites of plea in abatement. Wadsworth v. Woodford, 1 Day, 28; Denslow . Moore, 1 Day, 290; Wolcott v. Dwight, 2 Day, 405; Parsons v. Ely, 2 C. R. 377; Peters v. Goodrich, 8 C. R. 146; Clark v. Warner, & C. R. 355; Beach v. Baldwin, 9 C. R. 476; Colburn v. Tolles, 13 C. R. 524; Northum v. Kellogg, 15 C. R. 569; Rules, 18 C. R. 576. What judgment to be rendered on plea in abatement. Fitch v. Lothrop, 1 Root, 192; Nichols v. Heacock, 1 Root, 286; Cogswell v. Wheaton, 1 Root, 458; Allíng v. Shelton, 16 C. R. 436. Non joinder of defendant taken advantage of only by plea in abatement when. Johnson v. Ransom, 24 C. R. 531. Want of corporate capacity to sue must be pleaded in abatement. West Winsted Savings Bank v. Ford, 27 C. R. 282. Writ may abate in part and remain good as to residue. Johnson v. Ransom, 24 C. R. 531. the defendant may answer over to the action or plead any legal plea which he may deem necessary for his defense. In action against be cited in. SECT. 93. If the plaintiff or plaintiffs in any action brought 1837. against a copartnership by the copartnership name alone, shall partnership othamend the writ by inserting the name of any person as defendant er partners may upon whom service of the writ has not been made, or if the defendant or defendants upon whom service has been made shall plead in abatement the non-joinder of any other person or persons as defendants, or if such defendant or defendants upon whom service has been made, his or their attorney, shall in court make affidavit that there is another person or persons than those named as defendants in the plaintiff's writ, belonging to the partnership against which the action is brought, the court may, if the plaintiff or plaintiffs do not take issue upon such plea in abatement, or deny the truth of such affidavit, continue the cause to the next term and issue process of summons or attachment under the hand of the clerk of the court against such person or persons returnable before such court at its next term, to make such person or persons parties to such action, which process shall be served agreeably to the law regulating the service of such process, and such person or persons, having been duly served with such process, shall be considered and treated as parties to said action in the same manner as if the plaintiff's writ had been originally served on him or them, and they shall have the same right to plead in abatement, or to make any other plea or motion, which they would have had if they had been originally made parties to the action; and in any of the cases above specified, a justice of the peace before whom such action is pending may continue the cause a suitable time, and issue process as aforesaid, under his hand, to make such person or persons parties as defendants to such action, which process having been served at least six days before the time to which the cause stands continued, and returned to such justice, such person or persons shall be considered and treated as parties to such action.* If a single woman SECT. 94. No action commenced by a single woman who intermarries during the pendency thereof, shall abate on account of such plaintiff marries, intermarriage; but the husband shall appear in court and cause writ not to abate. such marriage to be suggested on the record, and he may then proceed in the same manner as if the suit was commenced after such intermarriage.t tiff shall not SECT. 95. When any action shall be pending in any superior Denth of plaincourt, and the plaintiff, before final judgment, shall die, the same abate the action. shall not abate, if it might originally have been prosecuted by his executor or administrator, and in such case the executor or administrator may enter his name in the suit, if he see cause, and prosecute the same; and if the defendant, while the action is pending in Nor of defendcourt, and before final judgment, shall die, the same shall not abate ant. if it might originally have been prosecuted against his executor or administrator, and the plaintiff, or his executor or administrator, may have a writ of scire facias against the executor or administra-Scire facias may tor of such deceased defendant, to show cause why judgment should not be rendered against him, which being served at least twelve days before the sitting of the court to which the same is re * Who are partners. Loomis v. Marshall, 12 C. K. 69; Bucknam v. Barnum, 15 C. R. 67. ↑ At what time husband must appear. Northum v. Kellogg, 15 C. R. 569. be brought. |