Mooney v. Clark
Supreme Court of Connecticut
Suit to restrain the municipal authorities of the city of Bridgeport from approving or confirming a certain contract entered into by its agents with the New York, New Haven and Hartford Railroad Company, concerning the elimination of grade crossings, brought to the Superior Court in Fairfield County and tried to the court, Prentice, J., upon demurrer to the complaint; the court sustained the demurrer and rendered judgment for the defendants, and the plaintiff appealed for…
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Suit to restrain the municipal authorities of the city of Bridgeport from approving or confirming a certain contract entered into by its agents with the New York, New Haven and Hartford Railroad Company, concerning the elimination of grade crossings, brought to the Superior Court in Fairfield County and tried to the court, Prentice, J., upon demurrer to the complaint; the court sustained the demurrer and rendered judgment for the defendants, and the plaintiff appealed for alleged errors in the rulings of the court. Prior to the argument on demurrer a motion had been made for the dissolution…
1Opinion of the CourtAndeews, C. J.
The plaintiff, in his complaint, prayed for an injunction to restrain the city authorities of Bridgeport from taking certain action which he alleged they were about to take, and which would subject the taxpayers of that city to heavy, illegal taxes. The Superior Court refused the injunction and dismissed the complaint. From that judgment the plaintiff has appealed to this court.
If it were true that the consequences of the action complained of would "follow, as asserted by the plaintiff, then his complaint was not prematurely brought. Obsta prineipiis, is an exceedingly good maxim to act upon…
2Cases cited4 opinions
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Woodruff v. CatlinSupreme Court of Connecticut · 1886
- N. Y. Eng. R. R. Co's. Appeal From Railroad Comm.Supreme Court of Connecticut · 1893
- New York & New England Railroad Company's Appeal from Railroad CommissionersSupreme Court of Connecticut · 1890
3Cited by14 opinions
- Alarm Applications Co. v. Simsbury Volunteer Fire Co.Supreme Court of Connecticut · 1980
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
- Belford v. City of New HavenSupreme Court of Connecticut · 1975
- Bassett v. DesmondSupreme Court of Connecticut · 1953
- Dyer v. City of NewportCourt of Appeals of Kentucky · 1906
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