Stow v. Groton Savings Bank

Connecticut Superior Court

Stow v. Groton Savings Bank

5 Conn. Super. Ct. 282

CourtConnecticut Superior Court

DecidedSeptember 22, 1937

DocketFile No. 51579

StatusPublished

This text of 5 Conn. Super. Ct. 282 (Stow v. Groton Savings Bank) 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

Stow v. Groton Savings Bank, 5 Conn. Super. Ct. 282 (Colo. Ct. App. 1937).

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Opinion

The amended reply creates a departure from the original cause of action in that it has introduced material matter which not only fails to support but is in fact inconsistent with the complaint. No respectable system of pleading permits this for it tends to confusion. If the plaintiff desires to change his position, ample means are available through an amendment to his original complaint.

Although Swift states that a demurrer is the proper method of meeting departure and although this seems to be in conformity with the weight of authority, this State has approved of a motion to strike as at least effective to accomplish the end sought. Logiodice vs. Cannon, 60 Conn. 81. See alsoBliss on Pleading, Section 396; Philibert vs. Burch,4 Mo. Appeals, 470.

The motion to strike is granted.

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The amended reply creates a departure from the original cause of action in that it has introduced material matter which not only fails to support but is in fact inconsistent with the complaint. No respectable system of pleading permits this for it tends to confusion. If the plaintiff desires to change his position, ample means are available through an amendment to his original complaint.

Although Swift states that a demurrer is the proper method of meeting departure and although this seems to be in conformity with the weight of authority, this State has approved of a motion to strike as at least effective to accomplish the end sought. Logiodice vs. Cannon, 60 Conn. 81. See alsoBliss on Pleading, Section 396; Philibert vs. Burch,4 Mo. Appeals, 470.

The motion to strike is granted.

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5 Conn. Super. Ct. 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stow-v-groton-savings-bank-connsuperct-1937.

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