DocketNumber: File No. 9196
Citation Numbers: 14 Conn. Super. Ct. 21, 14 Conn. Supp. 21
Judges: INGLIS, J.
Filed Date: 2/13/1946
Status: Precedential
Modified Date: 1/12/2023
This action was instituted on the common counts. The plaintiff has now filed a substituted complaint alleging, in substance, that the defendant holds title to real property in a resulting trust for the plaintiff and praying an injunction compelling a conveyance of the property to the plaintiff, damages and other relief.
None of the common counts is a general statement of the cause of action set up in the substituted complaint. It is clear, therefore, that the substituted complaint is not a permissible one to be filed in this action. General Statutes, § 5527; Gallup
v. Jeffery Co.,
The plaintiff contends that the defendant's remedy would lie in a motion to strike out but does not rest in a demurrer. It is probably true that the question could properly have been raised on a motion to strike out on the ground that the substituted complaint was improperly filed. Practice Book, § 61;Goodrich v. Alfred,
The demurrer is sustained.