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Lipson v. Bennett

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eBook details

  • Title: Lipson v. Bennett
  • Author : Supreme Court of Connecticut
  • Release Date : January 04, 1961
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

In this action, the plaintiffs sought a judgment declaring the nature and extent of the rights of the parties with respect to a pond located on their properties. A trial of the case previously resulted in a judgment of nonsuit, which was set aside on motion of the plaintiffs Edward N. Lipson and Ida L. Lipson. Thereafter, the Lipsons filed an amendment to the complaint. The parties then appeared and were heard by the court on the pleadings. It appeared to the court that there was not an actual bona fide and substantial question or issue in dispute, that there was no substantial uncertainty of legal relations which required settlement between the parties, and that they should be left to seek redress by some other form of procedure. See Practice Book 277(b). The court continued the case for two weeks, to give the plaintiffs an opportunity to amend the complaint so as to set out a cause of action for damages. At the expiration of this continuance, the court again continued the case for an additional ten days to allow the plaintiffs further time within which to amend the complaint if they desired to do so. On their failure to amend or plead further, the court found that the plaintiffs were not entitled to the relief prayed for and rendered judgment for the defendants. The plaintiffs Lipson have appealed. In the complaint as amended, the following


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