West v. Tolland
Supreme Court of Connecticut
This was a petition for a highway, brought by certain inhabitants of the towns of Tolland and Ellington. At the term of the county court holden in March, 1855, a decree was passed that the petition should be heard and determined by the county commissioners.
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This was a petition for a highway, brought by certain inhabitants of the towns of Tolland and Ellington. At the term of the county court holden in March, 1855, a decree was passed that the petition should be heard and determined by the county commissioners. After giving the prescribed notice, a trial was had, and the commissioners having heard the parties with their witnesses and counsel were of opinion that public convenience and necessity did not require the road prayed for to be laid out. On the 28th day of June, 1855, to which time said trial had been adjourned, the commissioners publicly…
1Opinion of the CourtEllsworth, J.
The single question presented in this case is, whether the plaintiffs had a right to withdraw their petition, after a verbal communication by the county commissioners, that they were of opinion, and so decided, that the highway prayed for was not of public convenience and necessity. We think they had. The case was still undecided by the commissioners, in the eye of the law, and it remained so until the commissioners had drawn up and signed the report and presented it to the court, or the clerk of the court, to which it is returnable, or at least to the parties or their counsel; until this was…
2Cited by4 opinions
- State Ex Rel. Haskell v. HustonSupreme Court of Oklahoma · 1908
- Fayerweather v. MonsonSupreme Court of Connecticut · 1892
- Spears v. Kerars Realty Co.Supreme Court of Connecticut · 1976
- Moriarty v. MasonSupreme Court of Connecticut · 1880