Hart v. Tiernan
Supreme Court of Connecticut
Suit to foreclose three tax-liens, originally held severally by the Town, City and Centre School District of Waterbury ; brought by the plaintiff in his own name, to the District Court of Waterbury, and heard by Bradstreet, J. The plaintiff was collector of taxes for the three communities named, and had, under a requirement of law, paid the taxes in question to their respective treasurers.
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Suit to foreclose three tax-liens, originally held severally by the Town, City and Centre School District of Waterbury ; brought by the plaintiff in his own name, to the District Court of Waterbury, and heard by Bradstreet, J. The plaintiff was collector of taxes for the three communities named, and had, under a requirement of law, paid the taxes in question to their respective treasurers. The amounts of the taxes were respectively $1.32, $3.96 and $1.98. The liens were upon the same property, which was owned, at the time the lien attached, by Tiernan, the principal defendant, who was the…
1Opinion of the CourtTorrance, J.
Only two questions raised by the demurrer in this case demand consideration. First, whether the tax collector can maintain a suit in his own name to foreclose any one of these liens singly, and second, if so, whether he may in one suit foreclose the three liens.
Before however considering these questions, the objection to the complaint that no demand for the payment of the taxes is alleged, ought to be disposed of. As this objection was not made in the court below, where, if made, it might have been obviated by an amendment, we are not disposed to look upon it with any favor. It is only…
2Cases cited6 opinions
- Orem v. WrightsonCourt of Appeals of Maryland · 1879
- Homer v. Savings BankSupreme Court of Connecticut · 1829
- Sharp v. ThompsonIllinois Supreme Court · 1881
- Willson v. BrownIndiana Supreme Court · 1882
- Ives v. LynnSupreme Court of Connecticut · 1829
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3Cited by11 opinions
- Gautier v. . DitmarNew York Court of Appeals · 1912
- Bridgeport Hydraulic Co. v. City of BridgeportSupreme Court of Connecticut · 1925
- Sperry v. Butler, TrusteeSupreme Court of Connecticut · 1903
- Atwater v. O'ReillySupreme Court of Connecticut · 1908
- Wesson, Inc. v. HychkoSupreme Court of Connecticut · 1987
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