Budrow v. Lynch

Connecticut Superior Court

Budrow v. Lynch

7 Conn. Super. Ct. 413

CourtConnecticut Superior Court

DecidedOctober 31, 1939

DocketFile No. 56402

StatusPublished

This text of 7 Conn. Super. Ct. 413 (Budrow v. Lynch) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Budrow v. Lynch, 7 Conn. Super. Ct. 413 (Colo. Ct. App. 1939).

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Opinion

While in terms the defendants ask for a judgment of nonsuit, in effect the request is for judgment on the pleadings, it appearing from these that an amendment after demurrer sustained was stricken from the file for the reason that it did not change the cause of action set up in the original complaint.

While the plaintiff had twenty days in which to file an *Page 414 amendment, he did this, it was expunged, and under section 99 of the Practice Book (1934) the demurrer sustained "removes from the case the cause of action." Nor is judgment under these circumstances one of nonsuit. Manghue vs. Reaney,99 Conn. 662.

Judgment on the pleadings is directed for this defendant.

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While in terms the defendants ask for a judgment of nonsuit, in effect the request is for judgment on the pleadings, it appearing from these that an amendment after demurrer sustained was stricken from the file for the reason that it did not change the cause of action set up in the original complaint.

While the plaintiff had twenty days in which to file an *Page 414 amendment, he did this, it was expunged, and under section 99 of the Practice Book (1934) the demurrer sustained "removes from the case the cause of action." Nor is judgment under these circumstances one of nonsuit. Manghue vs. Reaney,99 Conn. 662.

Judgment on the pleadings is directed for this defendant.

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Bluebook (online)

7 Conn. Super. Ct. 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budrow-v-lynch-connsuperct-1939.

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