State v. Towers
Supreme Court of Connecticut
Application by the State’s Attorney for Hartford County for a writ of mandamus requiring the street commissioner of the city of New Britain to give his written consent to the excavation of a certain street for the purpose of laying telephone ducts and wires, brought to the Superior Court in Hartford County and tried to the court, Thayer, J., upon demurrer to the respondent’s return; the court overruled the demurrer and, upon the refusal of the relator to plead further,…
Read the full summary
Application by the State’s Attorney for Hartford County for a writ of mandamus requiring the street commissioner of the city of New Britain to give his written consent to the excavation of a certain street for the purpose of laying telephone ducts and wires, brought to the Superior Court in Hartford County and tried to the court, Thayer, J., upon demurrer to the respondent’s return; the court overruled the demurrer and, upon the refusal of the relator to plead further, rendered judgment denying the application, and the relator appealed for alleged errors of the court. The application referred…
1Opinion of the CourtAndrews, C. J.
The application in this case is brought in the name of the State’s Attorney alone. It would have been in better form had the Telephone Company been named as the relator. The injury complained of was one which affected that company only ; it did not affect many persons tn common, nor the public generally. In such cases the parlyinjured is properly named as the relator. The writ of mandamus is in this State so far a prerogative writ that it ought regularly to issue only in the name of the State. Lyon v. Rice, 41 Conn. 245; Peck v. Booth, 42 id. 271; or by special authority of the State, as in…
2Cases cited6 opinions
- Wisconsin Central Railroad v. United StatesSupreme Court of the United States · 1896
- Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
- Bassett v. AtwaterSupreme Court of Connecticut · 1895
- Woodruff v. New York & New England RailroadSupreme Court of Connecticut · 1890
- Lyon v. RiceSupreme Court of Connecticut · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jennings v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1954
- Hartford Electric Light Co. v. Water Resources CommissionSupreme Court of Connecticut · 1971
- State Ex Rel. Foote v. BartholomewSupreme Court of Connecticut · 1925
- Cunningham, Admx. v. Fair Haven Westville R. Co.Supreme Court of Connecticut · 1899
- State Ex Rel. Shelton v. EdwardsSupreme Court of Connecticut · 1929
15 more not listed; retrieve them via the Exa API.