New Haven Water Co. v. Russell
Supreme Court of Connecticut
Application for the appointment of three appraisers to assess damages to the defendants for taking the waters of Wepawaug River and Race Brook in the town of Orange, brought to and heard by the Hon. Edwin B. Gager, a judge of the Superior Court; facts found and judgment rendered appointing appraisers, and appeal by the defendants.
1Opinion of the CourtWheeler, J.
The respondents plead in abatement because the application was not accompanied by a summons to the parties in interest, and no service was made on the respondents other than by depositing a copy in the post-office, duly addressed, whereas either personal service, or service by copy at their usual places of abode, was required. The applicant demurred to the plea upon the ground that the application was a special proceeding under its charter, which provides for service within the discretion of the judge, whose order was followed, and, further, that the application was not a civil action within…
2Cases cited22 opinions
- Spring Valley Water Works v. DrinkhouseCalifornia Supreme Court · 1891
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Pocantico Water Works Co. v. BirdNew York Court of Appeals · 1891
- Baltimore Belt Railroad v. BaltzellCourt of Appeals of Maryland · 1891
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
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3Cited by25 opinions
- Hayward v. PlantSupreme Court of Connecticut · 1923
- Town of Winchester v. CoxSupreme Court of Connecticut · 1942
- Lavieri v. UlyssesSupreme Court of Connecticut · 1962
- Adams v. Greenwich Water Co.Supreme Court of Connecticut · 1951
- Kelo v. City of New LondonSupreme Court of Connecticut · 2004
20 more not listed; retrieve them via the Exa API.