Legal Opinion

Sauter v. Mahan

Supreme Court of Connecticut

Decided August 5, 1920PublishedCited by 9 opinions

Suit by a taxpayer for cancellation of certain releases of liens for sewer assessments upon lands of the defendant Mahan, for an adjudication that the liens were valid and subsisting incumbrances, and for an injunction restraining the city of New London from releasing the liens until paid, brought to and tried by the Court of Common Pleas in New London County, Waller, Jfacts found and judgment rendered in favor of the plaintiff as prayed for, and appeal by the defendant…

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Suit by a taxpayer for cancellation of certain releases of liens for sewer assessments upon lands of the defendant Mahan, for an adjudication that the liens were valid and subsisting incumbrances, and for an injunction restraining the city of New London from releasing the liens until paid, brought to and tried by the Court of Common Pleas in New London County, Waller, Jfacts found and judgment rendered in favor of the plaintiff as prayed for, and appeal by the defendant Mahan. In 1894 the city of New London constructed a sewer through certain lands then owned by the grantors of the defendant…

1Opinion of the CourtBeach, J.

The plaintiff’s right as a taxpayer to maintain this action is not disputed. The action is brought against the city of New London, and the Savings Bank of New London claiming to have a mortgage or mortgages upon the premises in question, as well as against the defendant Mahan, the owner of the premises. The city of New London did not appear, and judgment has been entered against it by default. The Savings Bank of New London has not appealed.

We take up first the claim that the trial court erred in ruling that the votes of the board of water and sewer commissioners, passed in 1915, purporting…

2Cases cited3 opinions

  1. City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
  2. City of New London v. MillerSupreme Court of Connecticut · 1891
  3. Woodbridge v. Mayor & Aldermen of CambridgeMassachusetts Supreme Judicial Court · 1874

3Cited by9 opinions

  1. Alarm Applications Co. v. Simsbury Volunteer Fire Co.Supreme Court of Connecticut · 1980
  2. Belford v. City of New HavenSupreme Court of Connecticut · 1975
  3. Bassett v. DesmondSupreme Court of Connecticut · 1953
  4. Highgate Condominium Ass'n v. Watertown Fire DistrictSupreme Court of Connecticut · 1989
  5. Erickson v. FooteSupreme Court of Connecticut · 1931

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