Venezia v. Kennedy
Venezia v. Kennedy
Opinion of the Court
This action for malicious prosecution was returned to the Superior Court at Bridgeport on the first Tuesday of May, 1967. The defendant filed his answer and a special defense on September 12, 1967, and issue was finally joined fourteen months later when the plaintiff filed his reply to the special defense. The record does not disclose any further action in the case until it was dismissed by judgment of the court on July 20, 1971, for “failure
“Terminating, as it does, the right of the plaintiff to pursue the action, the striking of the case from the docket is an exercise of the judicial function and as such can be done only after notice and an opportunity to the parties to be heard.” Glazer v. Rosoff, 120 Conn. 120, 122, 179 A. 407. “[I]t is within the discretion of the court to restore a case on condition that it be disposed of within a stated period.” Miller v. Bridgeport Herald Corporation, 134 Conn. 198, 202, 56 A.2d 171. The record discloses that the trial court once dismissed the action because of the failure of the plaintiff to prosecute it and, after a hearing on the plaintiff’s motion, restored the case on a specific condition with which the plaintiff did not
There is no error.
Reference
- Full Case Name
- Thomas Venezia v. Richard Kennedy
- Cited By
- 1 case
- Status
- Published