Bowditch v. City of New Haven
Supreme Court of Connecticut
Appeal to the Superior Court iu New Haven County, from an assessment by the authorities of the city of New Haven for the expenses of paving Whalley avenue, a street of the city.
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Appeal to the Superior Court iu New Haven County, from an assessment by the authorities of the city of New Haven for the expenses of paving Whalley avenue, a street of the city. The grounds oi the appeal were stated in the petition as follows:— 1. That the assessment was not laid according to law. 2. That the pavement was a repair and not a¿n original work. 8. That the sum of $14,629.50, assessed against the property holders, was not a proportional and reasonable part of the expense of the pavement. 4. That the sum of $851 assessed against the appellant was not a proportional and reasonable…
1Opinion of the CourtCarpenter, J.
The evidence offered by the petitioner was properly rejected. The allegation in the petition, under whiph it was offered, “ that said assessment was not laid according to law,” is too indefinite. The provision in the charter authorizing the party aggrieved to make written application for relief to the Superior Court, implies that the grounds for relief should be stated. This is a judicial proceeding, and there is the same reason for requiring a party who resorts to it to state specifically the reasons for appealing, that there is in requiring the plaintiff in an action at law to state his…
2Cited by3 opinions
- Johnston v. City of HartfordSupreme Court of Connecticut · 1921
- Citizens Ass'n v. City of BridgeportSupreme Court of Connecticut · 1911
- Hill v. City of WaterburySupreme Court of Connecticut · 1911