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63 Conn. 576

Cothren v. Atwood

Supreme Court of Connecticut

Decided February 8, 1894

Supreme Court of Connecticut · decided 1894-02-08

Appeal by the plaintiff in an action of book debt, from a decision of the Superior Court (Ralph Wheeler, J.), in New Haven County, sustaining the remonstrance of the defendant -and rejecting the report of committee in favor of the plaintiff.

Good law ✅— No negative treatment on recordhow we know

Decided 1894-02-08

How this case has been cited

Cited by 4 later decisions — most recently March 2002

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court :

¶1 Under § 1129 of the General Statutes, a party can appeal only from the “judgment of the court in such cause or action.” Such appeal may undoubtedly present for review questions of law arising in the trial; but until there is a judgment rendered there can be no right of appeal. In the case before us the action of the Superior Court in sustaining the defendant’s remonstrance and declining to accept the committee’s report, was nota “judgment” within the meaning of the statute; hence the appeal must be erased from the docket. All concur. Appeal erased from the docket.

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