Legal Opinion

Toomey v. Comley

Supreme Court of Connecticut

Decided November 28, 1899PublishedCited by 4 opinions

Application for a writ of prohibition, brought to the Superior Court in Fairfield County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered discharging the rule to show cause and dismissing the application, and appeal by the petitioner for alleged errors in the rulings of the court.

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Application for a writ of prohibition, brought to the Superior Court in Fairfield County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered discharging the rule to show cause and dismissing the application, and appeal by the petitioner for alleged errors in the rulings of the court. The rule, issued on the 6th day of June, 1899, commanded and required William H. Comley, the deputy-judge of the City Court of Bridgeport, to appear before the said Superior Court on the 20th day of June, at ten o’clock in the forenoon, to show cause why a writ of prohibition should not…

1Opinion of the CourtAndrews, C. J.

In the very recent case of Sherwood v. New England Knitting Co., 68 Conn. 543, this court discussed the rules of law applicable to the writ of prohibition. It was there held that the writ of prohibition, while a thoroughly well-recognized proceeding in this State, was one not to be used except in cases where there was a clear excess of jurisdiction by which the party applying for the writ was injured, and where he had no other adequate remedy.

There is no error in this case. The plaintiff had other adequate remedy. A motion to dissolve the injunction, made either to Judge Comley or to any…

2Cases cited1 opinion

  1. Sherwood v. New England Knitting Co.Supreme Court of Connecticut · 1897

3Cited by4 opinions

  1. Huggins v. MulveySupreme Court of Connecticut · 1971
  2. Cooper v. MatzkinSupreme Court of Connecticut · 1971
  3. Basney v. SachsConnecticut Superior Court · 1945
  4. Connecticut Refining Company v. SavielloConnecticut Superior Court · 1947

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