State v. New York, New Haven & Hartford Railroad
Supreme Court of Connecticut
Application for a writ of mandamus requiring the respondent to‘construct an iron bridge over its railway tracks at Olive street in Hew Haven, brought to the Superior Court in Hew Haven County and tried to the court, George W. Wheeler, J., upon the respondent’s motion to quash the application and alternative writ; the court overruled the motion to quash and thereafter issued a peremptory writ of mandamus (Ulmer, J.), and the respondent appealed for alleged errors in the…
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Application for a writ of mandamus requiring the respondent to‘construct an iron bridge over its railway tracks at Olive street in Hew Haven, brought to the Superior Court in Hew Haven County and tried to the court, George W. Wheeler, J., upon the respondent’s motion to quash the application and alternative writ; the court overruled the motion to quash and thereafter issued a peremptory writ of mandamus (Ulmer, J.), and the respondent appealed for alleged errors in the rulings of the court. The alternative writ issued by the trial court was as follows : “ To the Hew York, Hew Haven and…
1Opinion of the CourtAndrews, C. J.
The motion to quash the alternative writ is analogous to a demurrer in an ordinary action. The reasons stated for the motion may be treated as the reasons for a demurrer.
The charter of New Haven does provide that the city may carry out this order, and then recoup the expense from the railroad j that is one remedy open to the city, but it is not its only remedy. It might, in the name of the State upon its relation, compel obedience to the order by mandamus, because *48that order is a judgment. That would be the most effective way to secure obedience to this judgment; and it could not be denied…
2Cases cited4 opinions
- Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
- Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
- Mayor of Baltimore v. HornCourt of Appeals of Maryland · 1867
- Hungerford's Appeal from ProbateSupreme Court of Connecticut · 1874
3Cited by18 opinions
- State v. ClementeSupreme Court of Connecticut · 1974
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- State Ex Rel. Foote v. BartholomewSupreme Court of Connecticut · 1925
- Adamsen v. AdamsenSupreme Court of Connecticut · 1963
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