Woodmont Ass'n v. Town of Milford
Supreme Court of Connecticut
Application to the Hon. Luden F. Burpee, a judge of the Superior Court, to fix and determine the amount of money that the defendant shall pay to the plaintiff for making and repairing highways, and for maintaining other public works, within the territory of the plaintiff during the year beginning September 1st, 1911, brought pursuant to § 36 of the applicant’s charter (14 Special Laws, p. 464); the defendant’s motion to dismiss the application was granted, and judgment…
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Application to the Hon. Luden F. Burpee, a judge of the Superior Court, to fix and determine the amount of money that the defendant shall pay to the plaintiff for making and repairing highways, and for maintaining other public works, within the territory of the plaintiff during the year beginning September 1st, 1911, brought pursuant to § 36 of the applicant’s charter (14 Special Laws, p. 464); the defendant’s motion to dismiss the application was granted, and judgment rendered dismissing it, and the plaintiff appealed. The section of the charter referred to reads as follows: “Sec. 36. It…
1DissentGeorge W. Wheeler, J.
The defendant moved to dismiss the application upon the sole ground that it did not present a question for judicial cognizance. The trial court granted the application upon this (1) ground and two other grounds, viz., (2) that § 36 of the Special Laws of 1903, p. 464, had been repealed, (3) that the application did not cover a failure to agree by the selectmen and burgesses, which, under § 36 of the charter, was a jurisdictional fact essential to give the judge jurisdiction of the cause.
This court holds that the trial judge was in error in dismissing the application on the first two grounds…
2Cases cited20 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Lange v. . BenedictNew York Court of Appeals · 1878
- Jackson v. SmithIndiana Supreme Court · 1889
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Norton v. Shore Line Electric Railway Co.Supreme Court of Connecticut · 1911
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