Opinion
Writs of error from city courts in summary process actions are returnable to the Supreme Court of Errors.
Argued June 2, 1948
Decided June 8, 1948
WRIT of error to the Superior Court in Middlesex County, whence it was transferred to the Court of Common Pleas in Middlesex County, claiming that a judgment of the City Court of Middletown (Kelly, J.) in an action of summary process in favor of the defendant in error (plaintiff in the City Court) be set aside; the court, McNiff, J., granted the defendant in error's motion to erase, from which action the plaintiff in error appealed to this court. No error.
George G. Whitehead, for the appellant (plaintiff).
Thomas C. Cambria, for the appellee (defendant).
This case differs in no material respect from the preceding case, Walling v. Robertine. That case states the rule to be: "Writs of error from city courts are returnable to the Supreme Court of Errors."
The plaintiff makes two additional claims. General Statutes, Sup. 1947, 1418i, does not affect the jurisdiction of writs of error of the specific courts named in 1667c and 1665c of the 1935 Cumulative Supplement. The term "municipal courts" is not used in the latter sections. General Statutes, 5704, authorizing the bringing of writs of error in which errors in matters of fact and in matters of law are joined to the Superior Court, has been repealed. Cum. Sup. 1935, 1666c.