Williams v. City of New Haven
Supreme Court of Connecticut
Application for a peremptory writ of mandamus requiring the respondents to comply with an order of the Superior Court abolishing a certain grade crossing in the city of New Haven; brought to the Superior Court in New Haven County and reserved by that court, Prentice, J., upon the relator’s demurrer to the return of the respondent city, for the consideration and advice of this court. The railroad company, the other respondent, filed no return.
Read the full summary
Application for a peremptory writ of mandamus requiring the respondents to comply with an order of the Superior Court abolishing a certain grade crossing in the city of New Haven; brought to the Superior Court in New Haven County and reserved by that court, Prentice, J., upon the relator’s demurrer to the return of the respondent city, for the consideration and advice of this court. The railroad company, the other respondent, filed no return. The application showed: that the railroad commissioners of this State, on the 17th day of June, 1886, made and issued their order pursuant to law,…
1Opinion of the CourtAndrews, C. J.
In an application for a mandamus, the alternative writ serves the same purpose as the complaint in an ordinary action, and it must show a, prima facie case upon which the extraordinary remedy asked for ought to be *271issued. In the present action the facts alleged in the alternative writ do show such a case, viz: a lawful judgment against the defendants, and their neglect and refusal to comply with that judgment.
The return made to an alternative writ of mandamus stands in the place of an answer in ordinary pleadings, and is insufficient unless it shows a complete legal right to refuse obedience…
2Cases cited4 opinions
- Cook v. City of AnsoniaSupreme Court of Connecticut · 1895
- Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890
- Woodruff v. New York & New England RailroadSupreme Court of Connecticut · 1890
- State ex rel. Judson v. County CommissionersSupreme Court of Connecticut · 1896
3Cited by12 opinions
- In the Matter of Gilhuly's PetitionSupreme Court of Connecticut · 1938
- Groton & Stonington Traction Co. v. Town of GrotonSupreme Court of Connecticut · 1932
- State Ex Rel. Costelo v. Middlesex Banking Co.Supreme Court of Connecticut · 1913
- State Ex Rel. Lacerenza v. OsbornSupreme Court of Connecticut · 1947
- Caldwell v. MeskillSupreme Court of Connecticut · 1973
7 more not listed; retrieve them via the Exa API.