In re Shelton Street Railway Co.
Supreme Court of Connecticut
Application for a finding that public convenience and necessity requires the extension and construction of a street railway parallel to the line of a steam railroad, made to the Son. George W. Wheeler, a judge of the Superior Court; facts found and judgment rendered in favor of the applicant, and appeal by the respondents for alleged errors in tlie rulings of the judge. In tliis court the appellee filed a plea in abatement, to which the appellants demurred.
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Application for a finding that public convenience and necessity requires the extension and construction of a street railway parallel to the line of a steam railroad, made to the Son. George W. Wheeler, a judge of the Superior Court; facts found and judgment rendered in favor of the applicant, and appeal by the respondents for alleged errors in tlie rulings of the judge. In tliis court the appellee filed a plea in abatement, to which the appellants demurred. The appellants also moved to reject the plea in abatement, claiming that it was not filed with the proper clerk. This, motion was denied,…
1Opinion of the CourtHamersley, J.
A general appearance is not, of itself, a waiver of the right to object to a defect in the process. *331Payne v. Farmers and Citizens' Bank, 29 Conn. 415, 416; Hotchkiss' Appeal, 32 id. 353, 355.
The other facts stated in the answer set forth the same matters of record referred to in the demurrer to the plea; and their allegation is, in substance, a claim that upon the face of the record the plea in abatement is insufficient.
The ajppeal to this court is a process whose form and requirements are fixed by statute. These provisions must be strictly complied with in order to properly perfect an…
2Cases cited2 opinions
- White v. HowdSupreme Court of Connecticut · 1895
- Payne v. Farmers & Citizens' BankSupreme Court of Connecticut · 1861
3Cited by7 opinions
- LaReau v. ReinckeSupreme Court of Connecticut · 1969
- Foley v. George A. Douglas & Bro., Inc.Supreme Court of Connecticut · 1936
- State v. CaplanSupreme Court of Connecticut · 1912
- Hayden v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1904
- Hull v. ThomsSupreme Court of Connecticut · 1909
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