Perkins v. Perkins
Supreme Court of Connecticut
IN ERROR. This was an action of debt, brought by Francis A. Perkins, treasurer of the city of Norwich, prosecuting for the use and benefit of said city, against Joseph Perkinsto recover of the defendant, the penalties incurred by the breach of certain bylaws of the city.
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IN ERROR. This was an action of debt, brought by Francis A. Perkins, treasurer of the city of Norwich, prosecuting for the use and benefit of said city, against Joseph Perkinsto recover of the defendant, the penalties incurred by the breach of certain bylaws of the city. The writ was dated the 27th of May 1828, was served on the 28th, and was made returnable, and returned, to the city court of the city of Norwich, held on the second Monday of June 1828. The declaration contained two counts for distinct offences. In the first, the defendant was charged with having erected, on the 1st of…
1Opinion of the Court
Hosmer, Ch. J.
Whether the suit in question was appeala-ble, is the sole enquiry. If it was not, the superior court had no jurisdiction of the cause ; and the judgment was legally arrested.
If the determination of the court below is to be tested by the charter of the city of Norwich alone, there arises no possible question. The provision is express, that in actions brought by the city treasurer for the recovery of a penalty arising under a by-law of the city, no appeal shall be allowed. Stat. 120. The defendant, however, claims a right of appeal, by virtue of the act of the General Assembly,…
2Cases cited6 opinions
- Ogden, Administrator of Cornell v. Blackledge, of SalterSupreme Court of the United States · 1804
- Lawrence v. SmithMassachusetts Supreme Judicial Court · 1809
- Booth v. BoothSupreme Court of Connecticut · 1829
- Martin v. CommonwealthMassachusetts Supreme Judicial Court · 1805
- Spalding v. ButtsSupreme Court of Connecticut · 1825
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3Cited by18 opinions
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Brewster v. McCall's deviseesSupreme Court of Connecticut · 1842
- Hine v. BeldenSupreme Court of Connecticut · 1858
- Zonker v. CowanIndiana Supreme Court · 1882
- Lusk v. RyanSupreme Court of Oklahoma · 1918
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