File No. 61300Superior Court New Haven County
An action would be stayed on the application of the defendant, where due to the stress of war the defendant was unable to present essential witnesses. It is a policy of our law that a trial involves a reasonable opportunity for all parties to be heard and to present essential witnesses.
MEMORANDUM FILED JUNE 11, 1943.
Anthony A. DeLucia and Robert J. Woodruff, of New Haven, for the Plaintiff.
FitzGerald, Foote FitzGerald, of New Haven, for the Defendants.
Memorandum of decision on application of defendant for stay of proceedings.
McEVOY, J.
The application is based upon the provisions of the Soldiers’ and Sailors’ Civil Relief Act of 1940.
Upon the argument this phase of the matter was stressed.
It is a policy of our law that a trial involves a reasonable opportunity for all parties to be heard and to present essential witnesses.
It is not apparent that the moving defendant has not made use of every reasonable opportunity to obtain and present essential witnesses.
On the contrary, due to the stress of the war, the moving
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defendant is not able to present an essential witness or witnesses.
The application for stay of proceedings is granted.
Order may enter accordingly.