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5 Conn. Supp. 73

Proctor v. Weigold

Connecticut Superior Court

Decided April 27, 1937

Connecticut Superior Court · decided 1937-04-27

Relies on Smith v. Furness · Newman v. Golden

Decided 1937-04-27

JENNINGS, J.

¶1To the original complaints sounding in negligence, the plaintiff seeks to add by amendment a second count. The proposed amendment prays for the setting aside of a conveyance for fraud on the plaintiff. The propriety of including such a count in this suit is questioned by the defendants. This raises an issue of law which may not be decided on a motion to amend but should be squarely raised by demurrer.

¶2Newman vs. Golden, 108 Conn. 676, 679.

¶3Smith vs. Furness, 117 Conn. 97, 100.

¶4The motions to amend are granted.

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