Legal Opinion

Fuller v. Trustees of the Academic School in Plainfield

Supreme Court of Connecticut

Decided July 15, 1827PublishedCited by 28 opinions

This was a writ of mandamus, on the complaint of Siah Fuller, directed to the Trustees of the Academic School in Plainfield, requiring them to restore the plaintiff to the office of trustee in that institution, or to appear before the superior court, and shew sufficient cause to the contrary.

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This was a writ of mandamus, on the complaint of Siah Fuller, directed to the Trustees of the Academic School in Plainfield, requiring them to restore the plaintiff to the office of trustee in that institution, or to appear before the superior court, and shew sufficient cause to the contrary. The complaint stated, that on the 8th of October, 1825, there was, and for more than thirty years antecedent thereto there had been, in the town of Plainfield, a body politic and corporate, created and established, by the legislature of this state, bv the name of The Trustees of the Academic School in…

1Opinion of the CourtDaggett, J.

The question is, ought the plaintiff, on the facts appearing on the writ and return, to have the relief sought.

Several objections were taken in argument to the sufficiency of the writ, which it is proper should be considered.

1. It is said, that the plaintiff does not shew, that at the time of this application, or even at the time of the amotion complained of, any corporation existed.

To this objection it is sufficient to reply, that it is alleged, that in October, 1825, there was, and for more than thirty years antecedent thereto had been, such a corporation, established by the legislature of…

2Cases cited1 opinion

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819

3Cited by28 opinions

  1. State ex rel. Gill v. Common Council of WatertownWisconsin Supreme Court · 1859
  2. American Railway-Frog Co. v. HavenMassachusetts Supreme Judicial Court · 1869
  3. State ex rel. Waring v. Georgia Medical SocietySupreme Court of Georgia · 1869
  4. State Ex Rel. Comstock v. HempsteadSupreme Court of Connecticut · 1910
  5. Doolittle v. Selectmen of BranfordSupreme Court of Connecticut · 1890

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