Castle v. Lawlor
Supreme Court of Connecticut
Two applications for a writ of mandamus to compel the defendant, a former tax-collector of the city and town of Waterbury, to deliver up to the plaintiff the rate bills in his hands for the town and city taxes remaining uncollected at the expiration of his term of office, the plaintiff being the defendant’s successor in both offices; brought, one to the Superior Court, and the other to the City Court of the city of Waterbury.
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Two applications for a writ of mandamus to compel the defendant, a former tax-collector of the city and town of Waterbury, to deliver up to the plaintiff the rate bills in his hands for the town and city taxes remaining uncollected at the expiration of his term of office, the plaintiff being the defendant’s successor in both offices; brought, one to the Superior Court, and the other to the City Court of the city of Waterbury. The defendant made a return in each case, which was traversed by the plaintiff, and the court in each case found the facts and issued a peremptory mandamus. The…
1Opinion of the CourtCarpenter, J.
The plaintiff in each of these two cases applied for a writ of mandamus. Issues of fact having been raised by the pleadings the defendant claimed a right to a trial by jury, which was denied by the court. This is assigned as error.
The history of the writ of mandamus is briefly this. It was originally a prerogative writ and issued only from the court of King’s Bench, and originated at a time when it is supposed that the king presided in that court in person. It is of common law origin, and was devised to prevent a failure of justice. Hence it never issued when there was other adequate remedy.…
2Cases cited2 opinions
- Picket v. AllenSupreme Court of Connecticut · 1834
- Meacham v. AustinSupreme Court of Connecticut · 1811
3Cited by14 opinions
- Benedict v. United StatesSupreme Court of the United States · 1900
- Swanson v. BoschenSupreme Court of Connecticut · 1956
- United States Fidelity & Guaranty Co. v. Spring Brook Farm Dairy, Inc.Supreme Court of Connecticut · 1949
- Marler v. WearTennessee Supreme Court · 1906
- Donaldson v. Boston Herald-Traveler Corp.Massachusetts Supreme Judicial Court · 1964
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