Norton v. Shore Line Electric Railway Co.
Supreme Court of Connecticut
Appeals by the plaintiffs from orders of the railroad commissioners approving, with certain modifications, the action taken by the borough and town authorities, respectively, upon applications of the defendant for an acceptance and adoption of its plan of location in the highways of said town and borough, taken to the Superior Court in New Haven County and erased from the docket (Williams, J.) upon motion of the defendant, from which judgment the plaintiffs appealed.
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Appeals by the plaintiffs from orders of the railroad commissioners approving, with certain modifications, the action taken by the borough and town authorities, respectively, upon applications of the defendant for an acceptance and adoption of its plan of location in the highways of said town and borough, taken to the Superior Court in New Haven County and erased from the docket (Williams, J.) upon motion of the defendant, from which judgment the plaintiffs appealed. In this court the defendant filed a motion to dismiss the appeals for want of any proper assignment of error. The following…
1Opinion of the CourtWheeler, J.
The Superior Court granted the motion to erase the appeal in each case, and the appeals are taken directly from its decision, no judgment-file having been entered of record.
Until, there is a final judgment there can be no valid appeal. General Statutes, § 788, as amended by Chap. 112 of the Public Acts of 1906; State v. Vaughan, 71 Conn. 457, 460, 42 Atl. 640; White v. Howd, 66 Conn. 264, 266, 33 Atl. 915; Cothren v. Atwood, 63 Conn. 576, 29 Atl. 13; Martin v. Sherwood, 74 Conn. 202, 50 Atl. 564.
If the granting of the motion to erase is not a final judgment, it must follow that the appeal is…
2Cases cited20 opinions
- Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
- O'brien's PetitionSupreme Court of Connecticut · 1906
- Beard's Appeal from County CommissionersSupreme Court of Connecticut · 1894
- State v. VaughanSupreme Court of Connecticut · 1899
- Malmo's Appeal From County CommissionersSupreme Court of Connecticut · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Powers v. Hotel Bond Co.Supreme Court of Connecticut · 1915
- Bridgeport Hydraulic Co. v. PearsonSupreme Court of Connecticut · 1952
- Carten v. CartenSupreme Court of Connecticut · 1966
- City of New Haven v. Public Utilities CommissionSupreme Court of Connecticut · 1974
- Tyler v. Board of Zoning AppealsSupreme Court of Connecticut · 1958
46 more not listed; retrieve them via the Exa API.