Legal Opinion

State Ex Rel. Rowland v. Smith

Supreme Court of Connecticut

Decided December 19, 1916PublishedCited by 6 opinions

Application for a writ of mandamus requiring the respondent to make a correction in certain appeal papers in his court, brought to the Superior Court in Middlesex County where a motion to quash the alternative writ was denied {Holcomb, J.), a demurrer to the return was sustained {Burpee, J.), and judgment was afterward rendered {Tuttle, J.) for the petitioner, •from which the respondent appealed.

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Application for a writ of mandamus requiring the respondent to make a correction in certain appeal papers in his court, brought to the Superior Court in Middlesex County where a motion to quash the alternative writ was denied {Holcomb, J.), a demurrer to the return was sustained {Burpee, J.), and judgment was afterward rendered {Tuttle, J.) for the petitioner, •from which the respondent appealed. The defendant, as probate judge for the district of Clinton, passed a decree removing the plaintiff as natural guardian of his minor son. On the 19th September, 1913, the plaintiff’s then attorney,…

1Opinion of the CourtThayer, J.

Proceedings in our probate courts are generally somewhat informal. A formal written motion for the allowance of an appeal is not necessary, unless required to show that the person desiring to appeal has such an interest in the order appealed from as entitles him to appeal, or for some like reason.

The defendant in the present case, in his return to the writ, attempts to justify his refusal to correct the appeal, upon the ground that the appeal was, specifically, taken to the Superior Court in Middlesex County to be held on the fourth Tuesday of September, 1913, and that having allowed the…

2Cases cited2 opinions

  1. Cummings Ex Rel. Eliott v. Lake Torpedo Boat Co.Supreme Court of Connecticut · 1916
  2. State v. TowersSupreme Court of Connecticut · 1899

3Cited by6 opinions

  1. Varanelli v. LuddySupreme Court of Connecticut · 1943
  2. Coughlan v. MurphySupreme Court of Connecticut · 1948
  3. Annie M. McCabe v. Stewart AtkinsonConnecticut Superior Court · 1948
  4. Buckley, Creedon & Danaher, Ex Rel. Bryant & Chapman Co. v. WoodwardConnecticut Superior Court · 1937
  5. Weidlich v. ComleyConnecticut Superior Court · 1953

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