Arnold v. Town of Middletown
Supreme Court of Connecticut
Bill lor an injunction against the collection of a tax by the respondent town ; brought to the Superior Court in Mid-dlesex County. The answer of the respondents was ^ that the bill and the allegations therein contained are all and singular untrue, and if true, are .insufficient.”
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Bill lor an injunction against the collection of a tax by the respondent town ; brought to the Superior Court in Mid-dlesex County. The answer of the respondents was ^ that the bill and the allegations therein contained are all and singular untrue, and if true, are .insufficient.” The court found the following facts :— The petitioner on the 25th day of July, 1870, was the owner of a certain lot of land situated upon Union, street, in the city of Middletown, upon which were two dwelling houses, the basement of one of them being used as a store. This property had for a number of years been…
1Opinion of the CourtFoster, J.
We are all of opinion that this bill should be .dismissed. The questions raised are all questions, of law, and should be decided in a court of law. The remedy there, in the words of Church, J., in Chipman v. Hartford, 21 Conn., 498, is “ obvious, adequate, and complete.” The question of jurisdiction, it is true, is a preliminary one, and as a general rule, cannot be' made at the hearing. In any stage of a c.ase, however, if it appears that the court has no proper jurisdiction of the subject, it ought to be dismissed. The answer of the defendants involves this question ; for though it denies,…
2Cases cited1 opinion
- City of Hartford v. ChipmanSupreme Court of Connecticut · 1852
3Cited by7 opinions
- City of Hartford v. Faith Center, Inc.Supreme Court of Connecticut · 1985
- Seeley v. Town of WestportSupreme Court of Connecticut · 1879
- Wilcox v. Town of MadisonSupreme Court of Connecticut · 1927
- Rowland v. First School DistrictSupreme Court of Connecticut · 1875
- Cassidy v. JenksConnecticut Superior Court · 1946
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