Branch v. Riley

Supreme Court of Connecticut

Branch v. Riley

1 Root 541

CourtSupreme Court of Connecticut

DecidedMarch 15, 1793

StatusPublished

Cited by1 cases

This text of 1 Root 541 (Branch v. Riley) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Branch v. Riley, 1 Root 541 (Colo. 1793).

Pincite

Opinion

By the Court.

This testimony cannot be received. The defendant by being defaulted has admitted the plaintiff’s right of action, and no sufficient excuse is assigned why he cannot produce said writing; its being lost may be the effect of his own negligence and not of any inevitable accident. Besides, if he has such a writing, his proper remedy is by action upon if. See Phillips v. Halsey, New London, March Term, A. D. 1790.

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By the Court.

This testimony cannot be received. The defendant by being defaulted has admitted the plaintiff’s right of action, and no sufficient excuse is assigned why he cannot produce said writing; its being lost may be the effect of his own negligence and not of any inevitable accident. Besides, if he has such a writing, his proper remedy is by action upon if. See Phillips v. Halsey, New London, March Term, A. D. 1790.

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Bluebook (online)

1 Root 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branch-v-riley-conn-1793.

Opinion

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