DocketNumber: File No. 10245
Citation Numbers: 2 Conn. Super. Ct. 164
Judges: PEASLEY, J.
Filed Date: 9/26/1935
Status: Precedential
Modified Date: 7/5/2016
This motion is to expunge the facts alleged in support of the special reply (called "defence" by the plaintiff), which state facts from which if true it appears that the issues in this case have heretofore been litigated. It is claimed in support of the motion that these facts would be admissible under the general denial and that they therefore have no place in the pleadings. It was held in Wilmot, Admr. vs.McPadden, in
The motion, for these reasons, is denied.