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eBook details

• Title: Pavlick v. Meriden Trust & Safe Deposit Co.
• Author : Supreme Court of Connecticut
• Release Date : January 26, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The plaintiff appealed to the Superior
Court from a decree of the Probate Court for the
district of Meriden ordering the distribution of the
net estate of William V. Pavlicek in equal shares to
the three beneficiaries named in the residuary clause
of his will. These beneficiaries, Vincent Pavlicek,
Maria Vitovec and Frantiska Roubec, all residents
of Czechoslovakia, will be referred to as the
defendants. The appeal was made returnable to the
first Tuesday of February, 1952. On February 13, the
defendants filed a general appearance, and on the
same day the plaintiff filed his reasons of appeal.
It was not until February 20 that the defendants filed
what they called a plea to the jurisdiction. This was
fourteen days after the time when the rules permit
the filing of such a plea. Practice Book 82. The
plea was overruled, and thereafter the defendants
[139 Conn. 735]
filed their answer to the reasons of appeal. Upon
an oral motion subsequently made by them, the court
rendered judgment dismissing the appeal. This
judgment was based upon the conclusion that the
court had no jurisdiction "for the reason that the
interest of the plaintiff does not appear in the
motion for appeal, nor in the record of the Probate
proceedings from which the said appeal is taken."
The question before us is whether the reason given
warranted the conclusion that the court was without
jurisdiction.

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