Legal Opinion

Radican v. Hughes

Supreme Court of Connecticut

Decided March 11, 1913PublishedCited by 19 opinions

Action to recover damages for the defendant’s alleged wrongful entry upon the plaintiff’s land, for injuries thereto, and for the removal therefrom of a certain building, brought to and tried by the Court of Common Pleas in Hartford County, Goats, J.; facts found and judgment rendered for the plaintiff for $155, and appeal by the defendant. The complaint contains five counts, each of which alleges an unlawful entry upon the plaintiff’s land.

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Action to recover damages for the defendant’s alleged wrongful entry upon the plaintiff’s land, for injuries thereto, and for the removal therefrom of a certain building, brought to and tried by the Court of Common Pleas in Hartford County, Goats, J.; facts found and judgment rendered for the plaintiff for $155, and appeal by the defendant. The complaint contains five counts, each of which alleges an unlawful entry upon the plaintiff’s land. The counts allege various acts of trespass by the defendant in the occupation and removal of a certain building upon the plaintiff’s land, one count…

1Opinion of the CourtRoraback, J.

The motion to correct was unnecessary, as paragraphs of the draft-finding marked “proven” are to be regarded as a part of the finding. Grievance Committee v. Ennis, 84 Conn. 594, 610, 80 Atl. 767.

The plaintiff contends that from the facts appearing of record this building was a fixture and a part of the realty owned by her. This proposition presents the controlling question in the case as it was presented to this court.

The doctrine of fixtures, by which the nature and legal incidents of the property must be determined, rests upon a course of judicial decisions made at different times, under a…

2Cases cited13 opinions

  1. Capen v. PeckhamSupreme Court of Connecticut · 1868
  2. Morey v. HoytSupreme Court of Connecticut · 1893
  3. Stockwell v. CampbellSupreme Court of Connecticut · 1872
  4. Grievance Committee v. EnnisSupreme Court of Connecticut · 1911
  5. Alvord Carriage Manufacturing Co. v. GleasonSupreme Court of Connecticut · 1869

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Welk v. BidwellSupreme Court of Connecticut · 1950
  2. McCullough v. Waterfront Park Ass'nConnecticut Appellate Court · 1993
  3. Dawson v. DavisSupreme Court of Connecticut · 1939
  4. Hartlin v. CodySupreme Court of Connecticut · 1957
  5. More v. UrbanoSupreme Court of Connecticut · 1964

14 more not listed; retrieve them via the Exa API.

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