Legal Opinion

Crane v. Camp

Supreme Court of Connecticut

Decided June 15, 1838PublishedCited by 6 opinions

This was anaction of trespass quare clausumfregit; tried, on the general issue with notice, at Litchfield, February term, 1838, before Church, J. It was admitted that the plaintiffs were owners of the land described in the declaration, deriving their title from Hiram Bennett, by deed dated April 6th, 1835 ; and that the acts which they complained of, were committed by the defendants.

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This was anaction of trespass quare clausumfregit; tried, on the general issue with notice, at Litchfield, February term, 1838, before Church, J. It was admitted that the plaintiffs were owners of the land described in the declaration, deriving their title from Hiram Bennett, by deed dated April 6th, 1835 ; and that the acts which they complained of, were committed by the defendants. The defence was founded on certain records and proceedings of the town of Sharon, and of the county court for Litch-field county ; which they offered in evidence. They were as follows: 1. “At a town meeting…

1Opinion of the CourtHuntington, J.

The plaintiffs except to the ruling of the judge at the circuit, on several points, which appear on the motion.

1. That the justice {Camp) had power to appoint the appraisers, notwithstanding he was an inhabitant and resident of the town of Sharon, and owned property which was legally taxable, and actually taxed there. It was urged, that as the town was liable to pay the damages assessed by the appraisers, {Stat. tit. 48. s. 11. p. 268.) he was disqualified by the statute {tit. 21. s. 38. p. 148.) which enacts, that “whenever there shall be so near a relationship between any judge or justice…

2Cases cited3 opinions

  1. Fox v. HillsSupreme Court of Connecticut · 1815
  2. Betts v. DimonSupreme Court of Connecticut · 1819
  3. Tweedy v. PicketSupreme Court of Connecticut · 1803

3Cited by6 opinions

  1. Grider v. TallySupreme Court of Alabama · 1884
  2. State ex rel. Reynolds v. Board of CommissionersIndiana Supreme Court · 1874
  3. State ex rel. Indianapolis Traction & Terminal Co. v. LewisIndiana Supreme Court · 1918
  4. New Haven Water Co. v. RussellSupreme Court of Connecticut · 1912
  5. Gregory v. ShermanSupreme Court of Connecticut · 1877

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