Waterbury v. Inhabitants of Darien
Supreme Court of Connecticut
This was a petition, brought to the county court, February term, 1831, by John Waterbury and others, against the town of Darien, for a highway in that town.
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This was a petition, brought to the county court, February term, 1831, by John Waterbury and others, against the town of Darien, for a highway in that town. The petition, after setting forth the convenience and necessity of the proposed rorul, averred, that the select-men of Darien had ever neglected and refused to lay out said road, though often requested so to do, especially at Darien, on the 3rd of January, 183Í. The answer to this petition was, that the facts stated were not true, and if true, were insufficient. The court found, that the select-men had ever neglected and refused to lay…
1Opinion of the CourtWilliams, J.
It is claimed, that the petition is insufficient, because although it avers that the select-men have neglected and refused to make the road, though specially requested, on the 3rd of January 1831, at Darien; yet.it does not aver by whom requested : and it is said, not only time and space must be specified, but the person by whom it is done must also be named. The petitioners contend, that however this may be, here a request is alleged ; and that the omission of time or manner is only a subject of special demurrer: That here there was not even a general demurrer, for this was waived ; and if…
2Cases cited4 opinions
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
- King v. LaceySupreme Court of Connecticut · 1831
- Spencer v. OvertonSupreme Court of Connecticut · 1803