Willard v. Warden of Killingworth
Supreme Court of Connecticut
IN ERROR. This was an action, brought in the name of the borough of Killingworth, against Jonathan Willard, before Jared Elliott, Esq., a justice of the peace, to recover a penalty for taking in Hammonassett river and Killingworth harbour, and carrying away therefrom, ten bushels of oysters, without any legal permit or licence so to do, contrary to the provisions of a certain by-law of the borough.
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IN ERROR. This was an action, brought in the name of the borough of Killingworth, against Jonathan Willard, before Jared Elliott, Esq., a justice of the peace, to recover a penalty for taking in Hammonassett river and Killingworth harbour, and carrying away therefrom, ten bushels of oysters, without any legal permit or licence so to do, contrary to the provisions of a certain by-law of the borough. On the trial, on the general issue, the plaintiffs offered in evidence an authenticated copy of the by-law mentioned in the declaration, entitled “A by-law relative to the improvement and…
1Opinion of the CourtDaggett, J.
There are a number of errors assigned; but as the Court is satisfied, that the judgment must be reversed for the third and fourth errors assigned, those only will be considered.
The by-law of the borough of Killingworth was inoperative without the act of the town of Killingworth assenting to it. This was provided for, expressly, in the charter incorporating the borough. When then the vote of the borough was offered in evidence, in support of the plaintiffs’ declaration, it was essential to show, that it hadbeen assented to, by the town. This was attempted to be shown, by a vote of the town,…
2Cases cited1 opinion
- Hayden v. NoyesSupreme Court of Connecticut · 1824
3Cited by11 opinions
- Bloomfield v. Charter Oak BankSupreme Court of the United States · 1887
- Swindell v. State ex rel. MaxeyIndiana Supreme Court · 1895
- Keegan v. Town of ThompsonSupreme Court of Connecticut · 1925
- Larson v. New England Telephone & Telegraph Co.Supreme Judicial Court of Maine · 1945
- Pratt v. Borough of LitchfieldSupreme Court of Connecticut · 1892
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