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4 Conn. Supp. 278

Barton v. Shea

Connecticut Superior Court

Decided October 27, 1936

Connecticut Superior Court · decided 1936-10-27

Relies on Morse v. Rankin

Decided 1936-10-27

JENNINGS, J.

¶1The defendant has pleaded in abatement because of the admitted failure of the plaintiff to fully comply with General Statutes Section 5619 in regard to the filing of a bond. The plaintiff seeks permission to amend to cure this formal defect. It would doubtless be within the power of the legislature to dispense with this formality but until it does the recognisance or certificate of financial responsibility is a condition precedent to the validity of the writ and the defect is not amendable.

¶2Morse vs. Rankin, 51 Conn. 326; Harris vs. Harris & Gans Co., 3 Conn. Sup., 434.

¶3Motion denied.

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