New York, New Haven & Hartford Railroad v. Offield
Supreme Court of Connecticut
Application to Hon. Edwin B. Gager, a judge of the Superior Court, for the appointment of appraisers of two shares of the stock of the New Haven and Derby Railroad Company owned by defendant. A demurrer to the applieation having been overruled pursuant to the advice of this court (77 Conn. 417), an answer was filed, containing two defenses.
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Application to Hon. Edwin B. Gager, a judge of the Superior Court, for the appointment of appraisers of two shares of the stock of the New Haven and Derby Railroad Company owned by defendant. A demurrer to the applieation having been overruled pursuant to the advice of this court (77 Conn. 417), an answer was filed, containing two defenses. A demurrer to the second defense was sustained, and upon a hearing on the first a judgment was rendered as claimed, from which this appeal was taken.
1Opinion of the CourtBaldwin, J.
The second defense in the defendant’s answer was that the plaintiff already had, under certain amendments to its charter which were set forth at length, power to do all that it proposed, by means as advantageous to the public as it would have, should it take the defendant’s shares of stock. As courts take judicial notice of all the Private Acts of this State, and as the judge of the Superior Court, in dealing with this cause, was exercising part of the judicial powers of that court, this defense presented a mere question of law, already disposed of in accordance with our advice ; and the…
2Cases cited2 opinions
- New Milford Water Co. v. WatsonSupreme Court of Connecticut · 1902
- New York, New Haven & Hartford Railroad v. OffieldSupreme Court of Connecticut · 1904
3Cited by5 opinions
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