Driscoll v. City of New Haven
Supreme Court of Connecticut
Suit for an injunction to restrain the city of New Haven from selling or conveying certain land to either one of two of its codefendants, brought to the Superior Court in New Haven County; cross-complaint by said codefendants praying that the city be required to make said conveyance to one of them; demurrers to both the complaint and cross-complaint;' case reserved by the court, Case, J., for the advice' of this court upon the questions of law involved.
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Suit for an injunction to restrain the city of New Haven from selling or conveying certain land to either one of two of its codefendants, brought to the Superior Court in New Haven County; cross-complaint by said codefendants praying that the city be required to make said conveyance to one of them; demurrers to both the complaint and cross-complaint;' case reserved by the court, Case, J., for the advice' of this court upon the questions of law involved. The plaintiff brings his action as “ a citizen, resident, taxpayer, and voter ” of the defendant city. In 1900, the board of park…
1Opinion of the CourtPrentice, J.
The defendants Beecher and the Diamond. Match Company are not-entitled to the relief which they ask. for in their cross-complaint. The court of common council of the defendant city has never voted to sell or convey, or authorized the sale or conveyance, of the land in question. No-other officer or board has the power to do so. The contention of these moving defendants against the city must therefore rest upon equitable considerations alone. There must appear to have been some agreement, inducement, or conduct on the city’s part, which has reasonably influenced its said codefendants to action…
2Cases cited11 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Whitney v. City of New HavenSupreme Court of Connecticut · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Baker v. StateSupreme Court of Vermont · 1999
- Town of Winchester v. CoxSupreme Court of Connecticut · 1942
- Wright v. WalcottMassachusetts Supreme Judicial Court · 1921
- Northeastern Gas Transmission Co. v. CollinsSupreme Court of Connecticut · 1952
- State Ex Rel. Thomson v. GiesselWisconsin Supreme Court · 1953
16 more not listed; retrieve them via the Exa API.