22 A. 1015 (Conn. 1891), Somers v. City of Bridgeport

Citation22 A. 1015, 60 Conn. 521
Opinion JudgeCARPENTER, J.
Party NameSOMERS v. CITY OF BRIDGEPORT.
AttorneyA. B. Beers and J. C. Chamberlin, for appellant. G. W. Wheeler, for appellee.
Case DateJune 01, 1891
CourtSupreme Court of Connecticut

Page 1015

22 A. 1015 (Conn. 1891)

60 Conn. 521

SOMERS

v.

CITY OF BRIDGEPORT.

Supreme Court of Errors of Connecticut.

June 1, 1891

Appeal from superior court, Bridgeport, New Haven, and Fairfield counties; ROBINSON, Judge.

Action in equity by ______ Somers against the city of Bridgeport to restrain the payment of salaries to certain policemen. From a judgment for defendant, plaintiff appeals. Affirmed.

A. B. Beers and J. C. Chamberlin, for appellant.

G. W. Wheeler, for appellee.

CARPENTER, J.

Equitable action to restrain the defendant from paying salaries to certain policemen. There are two grounds on which it is claimed an injunction should issue: First, that these policemen were not legally appointed; and, second, that the steps taken for their payment did not conform to the requirements of the city ordinances. Their appointment devolved upon a non-partisan board of police commissioners, consisting of the mayor and two members from each of the two great political parties. The mayor presided, and could vote only when there was a tie. An act of the board required the concurrence of three members. In consequence of including West Stratford in the city limits, the common council, on March 19, 1890, directed the board of police commissioners to appoint four additional patrolmen on the police force. July 1, 1890, a patrolman died, so that there were five to be appointed. July 19th, the board being in session, a member introduced a resolution appointing the men in question. Thereupon two members announced that they would not vote upon it, or have anything to do with it. The mayor put the question on the passage of the resolution. Two members voted for it, two refrained from voting either way, and the mayor declared the resolution passed. The non-voting members protest, but the proceeding was recorded as declared. The men thus appointed entered upon the duties assigned them, and performed the services for which they now claim pay. A city ordinance provides that a schedule of the salaries, or pay of the officers and members of the police force, signed and approved by the police commissioners, shall be handed to and examined by the auditor before presentation to the common council. The pay-roll of the police force, containing thereon the names of the said five men, was presented to the council of said city for payment, approved by the mayor and two of the...

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21 practice notes
  • 53 A.3d 273 (Conn.App. 2012), 33110, Green Falls Associates, LLC v. Zoning Bd. of Appeals of Town of Montville
    • United States
    • Connecticut Appellate Court of Connecticut
    • October 16, 2012
    ...1994 WL 702799 (December 9, 1994) ( 13 Conn. L. Rptr. 100).7 [138 Conn.App. 491] The plaintiff relies heavily on Somers v. Bridgeport, 60 Conn. 521, 22 A. 1015 (1891), to support its claim that Lakowsky's abstention should be counted as an affirmative vote. Somers is factually distinguishab......
  • 373 P.2d 657 (Or. 1962), State ex rel. Roberts on Information of McMullen v. Gruber
    • United States
    • Oregon Supreme Court of Oregon
    • July 25, 1962
    ...v. People ex rel., 113 Ill. 137, 55 Am.Rep. 405; Commonwealth ex rel. Moulds v. Fleming, 23 Pa.Super. 404; Somers v. City of Bridgeport, 60 Conn. 521, 22 A. 1015; Babyak v. Alten, 106 Ohio App. 191, 154 N.E.2d 14; Attorney General v. Shepard, 62 N.H. 383, 13 Am.St.Rep. 576. In some of the c......
  • 64 A.2d 39 (Conn. 1949), United States Fidelity & Guaranty Co. v. Spring Brook Farm Dairy, Inc.
    • United States
    • Connecticut Supreme Court of Connecticut
    • January 7, 1949
    ...action not so triable in 1818, when the constitution was adopted. Castle v. Lawlor, 47 Conn. 340, 342; Seeley v. Bridgeport, 53 Conn. 1, 2, 22 A. 1017. Accordingly, equitable actions as such, are not within the constitutional requirement; Meriden Savings Bank v. McCormack, 79 Conn. 260, 262......
  • 139 S.W.2d 929 (Mo. 1940), 37018, State ex rel. City of Republic v. Smith
    • United States
    • Missouri Supreme Court of Missouri
    • April 18, 1940
    ...Dist., 49 S.W.2d 1088; 2 McQuillin, Mun. Corp. (2 Ed.), sec. 626, p. 568; Springfield v. Haydon, 288 S.W. 341; Sowerd v. Bridgeport, 60 Conn. 521, 22 A. 1015. (9) Under the law governing cities of the fourth class, the mayor is authorized, in the case of a tie, to cast the deciding vote. Se......
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21 cases
  • 53 A.3d 273 (Conn.App. 2012), 33110, Green Falls Associates, LLC v. Zoning Bd. of Appeals of Town of Montville
    • United States
    • Connecticut Appellate Court of Connecticut
    • October 16, 2012
    ...1994 WL 702799 (December 9, 1994) ( 13 Conn. L. Rptr. 100).7 [138 Conn.App. 491] The plaintiff relies heavily on Somers v. Bridgeport, 60 Conn. 521, 22 A. 1015 (1891), to support its claim that Lakowsky's abstention should be counted as an affirmative vote. Somers is factually distinguishab......
  • 373 P.2d 657 (Or. 1962), State ex rel. Roberts on Information of McMullen v. Gruber
    • United States
    • Oregon Supreme Court of Oregon
    • July 25, 1962
    ...v. People ex rel., 113 Ill. 137, 55 Am.Rep. 405; Commonwealth ex rel. Moulds v. Fleming, 23 Pa.Super. 404; Somers v. City of Bridgeport, 60 Conn. 521, 22 A. 1015; Babyak v. Alten, 106 Ohio App. 191, 154 N.E.2d 14; Attorney General v. Shepard, 62 N.H. 383, 13 Am.St.Rep. 576. In some of the c......
  • 64 A.2d 39 (Conn. 1949), United States Fidelity & Guaranty Co. v. Spring Brook Farm Dairy, Inc.
    • United States
    • Connecticut Supreme Court of Connecticut
    • January 7, 1949
    ...action not so triable in 1818, when the constitution was adopted. Castle v. Lawlor, 47 Conn. 340, 342; Seeley v. Bridgeport, 53 Conn. 1, 2, 22 A. 1017. Accordingly, equitable actions as such, are not within the constitutional requirement; Meriden Savings Bank v. McCormack, 79 Conn. 260, 262......
  • 139 S.W.2d 929 (Mo. 1940), 37018, State ex rel. City of Republic v. Smith
    • United States
    • Missouri Supreme Court of Missouri
    • April 18, 1940
    ...Dist., 49 S.W.2d 1088; 2 McQuillin, Mun. Corp. (2 Ed.), sec. 626, p. 568; Springfield v. Haydon, 288 S.W. 341; Sowerd v. Bridgeport, 60 Conn. 521, 22 A. 1015. (9) Under the law governing cities of the fourth class, the mayor is authorized, in the case of a tie, to cast the deciding vote. Se......
  • Request a trial to view additional results