State v. New Haven & Northampton Co.
Supreme Court of Connecticut
Application by the attorney for the state for a mandamus to compel the respondents, a railroad company, to resume the use of a station on their road which they had abandoned; brought to the Superior Court in Hartford County, and heard before Pardee, J. The act of 1866 provides that “no railroad corporation shall abandon any depot or station which is on its road, and in this state, after the same has been established for twelve months, except by the approval of the general…
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Application by the attorney for the state for a mandamus to compel the respondents, a railroad company, to resume the use of a station on their road which they had abandoned; brought to the Superior Court in Hartford County, and heard before Pardee, J. The act of 1866 provides that “no railroad corporation shall abandon any depot or station which is on its road, and in this state, after the same has been established for twelve months, except by the approval of the general railroad commissioners, given after a public hearing held at the depot or station in question, and of which hearing and of…
1Opinion of the CourtPark, C. J.
We entertain no doubt that a proceeding by mandamus is an action at law within the meaning of the statute, which declares that “ whenever any action at law shall be tried by the Superior Court without a jury, said court shall find, upon the motion of either party, the facts upon which the judgment of said court is founded, and cause such finding to become a part of the record.” Gen. Stat., tit. 1, sec. 189. The writ of mandamus is one of the proceedings at common law. Our statute provides that “ the Superior Court may issue writs of mandamus in cases in which they may by law be granted, and…
2Cases cited1 opinion
- State v. New Haven & Northampton Co.Supreme Court of Connecticut · 1870
3Cited by3 opinions
- Cummings Ex Rel. Eliott v. Lake Torpedo Boat Co.Supreme Court of Connecticut · 1916
- Land v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1889
- Chicago, Rock Island & Pacific Railway Co. v. GrovesSupreme Court of Oklahoma · 1898