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WALSH v. KREVOLIN

Superior Court New Haven County
Jun 4, 1940

Proceedings will abate if it appear that suit was commenced before the cause of action had accrued.

QUINLAN, J.

I find that my offhand impression of this plea in abatement does not accord with precedent. The proceedings will abate "if it appear that the suit was commenced before the cause of action had accrued." Southey vs. Dowling, 70 Conn. 153, 157. So far as the signing of the plea is concerned, Wilcox vs. Chambers, 34 Conn. 179, seems sufficiently broad to cover the signing in this case in view of the special appearance that was entered.