Lowe v. Wasley Buick Oldsmobile, Inc.

Connecticut Appellate Court

Lowe v. Wasley Buick Oldsmobile, Inc.

277 A.2d 724, 6 Conn. Cir. Ct. 531, 1971 Conn. Cir. LEXIS 82

CourtConnecticut Appellate Court

DecidedMarch 19, 1971

DocketFile No. CV 17-7010-8951

StatusPublished

This text of 277 A.2d 724 (Lowe v. Wasley Buick Oldsmobile, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lowe v. Wasley Buick Oldsmobile, Inc., 277 A.2d 724, 6 Conn. Cir. Ct. 531, 1971 Conn. Cir. LEXIS 82 (Colo. Ct. App. 1971).

Pincite

Opinion

Per Curiam.

The plaintiff brought a petition for a new trial, on the ground of newly discovered evidence, pursuant to General Statutes § 52-270. The defendant demurred, and the court sustained the demurrer. The plaintiff did not plead over but appealed from the ruling of the court.

In Costecski v. Skarulis, 103 Conn. 762, in an identical situation, the court said: “The appeal has no standing in this court. There was no judgment of the Superior Court, much less a final judgment. [532]*532After the sustaining of the demurrer to the plea by the Superior Court, the action remained rightfully pending there and to be ‘thereafter heard upon its merits, upon the pleadings in the court below, or upon such amended pleadings as might legally be filed. Appeal to this court must be from a final judgment. The appeal should be dismissed and erased from the docket of this court.” See Varanelli v. Luddy, 132 Conn. 113, 117; Martin v. Sherwood, 74 Conn. 202, 203; 1 Stephenson, Conn. Civ. Proc. (2d Ed.) 119d.

The appeal is dismissed.

Dearington, Casare and DiCenzo, Js., participated in this decision.

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Per Curiam.

The plaintiff brought a petition for a new trial, on the ground of newly discovered evidence, pursuant to General Statutes § 52-270. The defendant demurred, and the court sustained the demurrer. The plaintiff did not plead over but appealed from the ruling of the court.

In Costecski v. Skarulis, 103 Conn. 762, in an identical situation, the court said: “The appeal has no standing in this court. There was no judgment of the Superior Court, much less a final judgment. [532]*532After the sustaining of the demurrer to the plea by the Superior Court, the action remained rightfully pending there and to be ‘thereafter heard upon its merits, upon the pleadings in the court below, or upon such amended pleadings as might legally be filed. Appeal to this court must be from a final judgment. The appeal should be dismissed and erased from the docket of this court.” See Varanelli v. Luddy, 132 Conn. 113, 117; Martin v. Sherwood, 74 Conn. 202, 203; 1 Stephenson, Conn. Civ. Proc. (2d Ed.) 119d.

The appeal is dismissed.

Dearington, Casare and DiCenzo, Js., participated in this decision.

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Bluebook (online)

277 A.2d 724, 6 Conn. Cir. Ct. 531, 1971 Conn. Cir. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowe-v-wasley-buick-oldsmobile-inc-connappct-1971.

Opinion

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