Brown v. O'Connell
Supreme Court of Connecticut
Debt on a recognizance entered into by the defendant before the police court of the city of Hartford, brought by the plaintiff as treasurer of the city of Hartford. The suit was brought to the Superior Court in Hartford county.
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Debt on a recognizance entered into by the defendant before the police court of the city of Hartford, brought by the plaintiff as treasurer of the city of Hartford. The suit was brought to the Superior Court in Hartford county. The declaration alleged the establishment of the police court of the city of Hartford and its criminal jurisdiction, and that a bench warrant was issued from the court on the 4fcli day of February, 1869, by Frederick Eberle, clerk of the court, for the arrest of John O’Connell, Jr., upon a complaint for an aggravated assault and breach of the peace; that the said John…
1Opinion of the CourtButler, J.
There are two distinct questions raised in this case. The first is, whether the judge of the police court of the city of Hartford was judge of that court de jure, when the proceedings in question were had, and if not, then second, whether he was so a judge de facto that the proceedings are valid.
The first question involves the construction of Art. 5 of the constitution of this state, and the constitutionality of the law authorizing the common council of the city of Hartford to appoint a judge for the police court of that city.
Sec. 1 of that article provides that “ the judicial power of the…
2Cases cited5 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- M'Instry v. TannerNew York Supreme Court · 1812
- Parker v. BakerNew York Court of Chancery · 1840
- People ex rel. Dobbs v. DeanNew York Supreme Court · 1830
3Cited by62 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- State v. HayesSupreme Court of Connecticut · 1941
- Adams v. RubinowSupreme Court of Connecticut · 1968
- Parker v. State ex rel. PowellIndiana Supreme Court · 1892
- Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
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