First Wisconsin Trust Co. v. Pine

Connecticut Superior Court

First Wisconsin Trust Co. v. Pine

6 Conn. Supp. 323, 1938 Conn. Super. LEXIS 124

CourtConnecticut Superior Court

DecidedJuly 5, 1938

DocketFile #52186

StatusPublished

This text of 6 Conn. Supp. 323 (First Wisconsin Trust Co. v. Pine) 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

First Wisconsin Trust Co. v. Pine, 6 Conn. Supp. 323, 1938 Conn. Super. LEXIS 124 (Colo. Ct. App. 1938).

Pincite

Opinion

ELLS, J.

Both the motion and the plea are based on an allegation that it appears from the complaint that the executor has never qualified as executor in Connecticut.

It does not so appear. The complaint does not state whether or not the executor has thus qualified. At most, failure to qualify here is a defense, to be pleaded in the answer. The complaint states a good cause of action, and upon proof of its allegations the plaintiff will prevail unless the defendant, in a proper pleading or by objection to evidence raises the issue. The question is not properly before the Court on the present motion and plea.

The motion is denied and the plea overruled.

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ELLS, J.

Both the motion and the plea are based on an allegation that it appears from the complaint that the executor has never qualified as executor in Connecticut.

It does not so appear. The complaint does not state whether or not the executor has thus qualified. At most, failure to qualify here is a defense, to be pleaded in the answer. The complaint states a good cause of action, and upon proof of its allegations the plaintiff will prevail unless the defendant, in a proper pleading or by objection to evidence raises the issue. The question is not properly before the Court on the present motion and plea.

The motion is denied and the plea overruled.

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Bluebook (online)

6 Conn. Supp. 323, 1938 Conn. Super. LEXIS 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-wisconsin-trust-co-v-pine-connsuperct-1938.