Legal Opinion · Dissent
Franchi v. Farmholme, Inc.
Supreme Court of Connecticut
Decided August 23, 1983No. 10597Published
1DissentArthur H. Healey, J.
I dissent because I believe that the defendants were denied their constitutional right of trial by jury.
The majority states that the legal title is not in issue and, in doing so, points to the admission of paragraph 1 of the complaint as being conclusive upon them. They “show” this admission up by pointing out that the “essence of the dispute” is in the defendants’ special defense which “spells out the quality of that ownership” they allege in paragraph 1 of that defense.1 They again characterize for their purposes certain portions of the counterclaim without setting out that there again the…
2Cases cited24 opinions
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Gentile v. AltermattSupreme Court of Connecticut · 1975
- Portland Pipe Line Corp. v. Environmental Improvement CommissionSupreme Judicial Court of Maine · 1973
- Lacassagne v. ChapuisSupreme Court of the United States · 1892
- Pawlinski v. Allstate InsuranceSupreme Court of Connecticut · 1973
19 more not listed; retrieve them via the Exa API.