Clark v. Manufacturers National Bank

1 Citing case

  1. The State v. Hall

    84 A. 923 (Conn. 1912)   Cited 5 times

    Nothing further, in my judgment, was needed to characterize the action as a criminal one. As the statute under which the accused was convicted did not create a crime, the judgment of the Borough Court sentencing the accused for a crime was void, and on appeal from a void judgment the appellate court should strike the appeal from its docket and vacate the judgment of the lower court. Clark v. Manufacturers Nat. Bank, 74 Conn. 263, 264, 50 A. 727; note to 33 L.R.A. (N.S.) 733. The majority opinion holds that the judgment of the Borough Court, though criminal in form, was prosecuted as and for a civil action, and therefore the Criminal Court of Common Pleas properly erased the appeal from its docket.