Legal Opinion

Sargent & Co. v. Tuttle

Supreme Court of Connecticut

Decided December 16, 1895PublishedCited by 21 opinions

Action to have certain liens on real estate adjudged invalid, and to recover damages for failure to discharge the same on demand; brought to the Superior Court in New Haven -County and reserved by that court, Prentice, J., upon - the facts found, for the advice of this court. The case is sufficiently stated in the opinion. I. The judgment of the Superior Court is conclusive of all existing demands for interest arising out of the assessments, prior to the judgment.

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Action to have certain liens on real estate adjudged invalid, and to recover damages for failure to discharge the same on demand; brought to the Superior Court in New Haven -County and reserved by that court, Prentice, J., upon - the facts found, for the advice of this court. The case is sufficiently stated in the opinion. I. The judgment of the Superior Court is conclusive of all existing demands for interest arising out of the assessments, prior to the judgment. The jurisdiction of the Superior Court was not limited to determining the legality of the assessments, but extended to an…

1Opinion of the CourtTorrance, J.

This is an action under § 8040 of the General Statutes, to have certain liens upon real estate adjudged invalid. The case comes to this court by reservation upon a statement of facts, of which the following is the substance :—

Prior to December 13th, 1873, four assessments of benefits, amounting in all to nearly $2,000, were laid under the charter of the city of New Haven, against certain real estate of the plaintiff in said city, on account of the construction of a public sewer. These assessments were legally laid, and would, if unappealed from, have become payable on December 13th, 1873; but…

2Cases cited7 opinions

  1. Perry v. WashburnCalifornia Supreme Court · 1862
  2. Selleck v. FrenchSupreme Court of Connecticut · 1814
  3. Nichols v. City of BridgeportSupreme Court of Connecticut · 1854
  4. Shaw v. PeckettSupreme Court of Vermont · 1854
  5. The People v. . the Gold and Stock Tel. Co.New York Court of Appeals · 1885

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3Cited by21 opinions

  1. State v. KilburnSupreme Court of Connecticut · 1908
  2. Anderson v. City of OcalaSupreme Court of Florida · 1921
  3. Dravo Contracting Co. v. JamesCourt of Appeals for the Fourth Circuit · 1940
  4. Hackney v. ElliottNorth Dakota Supreme Court · 1912
  5. City of Hartford v. PoindexterSupreme Court of Connecticut · 1911

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