Legal Opinion

Borough of Ansonia v. Studley

Supreme Court of Connecticut

Decided December 16, 1895PublishedCited by 10 opinions

Application for a writ of mandamus, brought to the Superior Court in New Haven County and tried to the court, Prentice, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The defendant has been for several years, and still is, the judge of the Court of Common Pleas for the County of New Haven.

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Application for a writ of mandamus, brought to the Superior Court in New Haven County and tried to the court, Prentice, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The defendant has been for several years, and still is, the judge of the Court of Common Pleas for the County of New Haven. In February, 1893, an action was tried in said court before the defendant, as such judge, with a jury, in which one Albert B. Manley was plaintiff, and the borough of Ansonia was the defendant. A verdict was rendered…

1Opinion of the CourtAndrews, C. J.

At the very outset we are challenged by the defendant’s counsel with the question: “ Can the Superior Court issue a mandamus to the Court of Common Pleas?”

“ A writ of mandamus, is a command issuing from a superior court, to some inferior court of judicature, corporation, or public officer, requiring them to do some particular act, therein specified, which appertains to their office and duty.” 1 Swift’s Dig. 563. Our General Statutes, § 1294, says: “ The Superior Court, Court of Common Pleas, and District Court, may issue writs of mandamus in cases within their jurisdiction, respectively, in…

2Cases cited9 opinions

  1. Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
  2. LIFE AND FIRE INS. COMPANY OF NEW YORK v. Wilson's HeirsSupreme Court of the United States · 1834
  3. State Ex Rel. Morris v. BulkeleySupreme Court of Connecticut · 1892
  4. American Casualty Insurance & Security Co. v. FylerSupreme Court of Connecticut · 1891
  5. People Ex Rel. Durant Land Improvement Co. v. JerolomanNew York Court of Appeals · 1893

4 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Antman v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1933
  2. Walkinshaw v. O'BrienSupreme Court of Connecticut · 1943
  3. State Ex Rel. Costelo v. Middlesex Banking Co.Supreme Court of Connecticut · 1913
  4. Silberman v. McLaughlinSupreme Court of Connecticut · 1942
  5. State ex rel. Priddy v. GibsonSupreme Court of Missouri · 1905

5 more not listed; retrieve them via the Exa API.

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