334 A.2d 901 (Conn. 1973), Harkins v. Driscoll

Citation334 A.2d 901, 165 Conn. 407
Opinion JudgePER CURIAM.
Party NameEdwin S. HARKINS et al. v. C. Francis DRISCOLL et al.
AttorneyMelvin C. Scott, New London, with whom, on the brief, was C. George Kanabis, New London, for appellants (plaintiffs)., Edmund J. Eshenfelder, New London, with whom, on the brief, was Myron B. Bell, New London, for appellees (defendants). Melvin C. Scott, with whom, on the brief, was C. George Ka...
Judge PanelBefore HOUSE, CJ, and SHAPIRO, LOISELLE, MacDONALD and BOGDANSKI
Case DateNovember 13, 1973
CourtSupreme Court of Connecticut

Page 901

334 A.2d 901 (Conn. 1973)

165 Conn. 407

Edwin S. HARKINS et al.

v.

C. Francis DRISCOLL et al.

Supreme Court of Connecticut.

Nov. 13, 1973

Page 902

Melvin C. Scott, New London, with whom, on the brief, was C. George Kanabis, New London, for appellants (plaintiffs).

Edmund J. Eshenfelder, New London, with whom, on the brief, was Myron B. Bell, New London, for appellees (defendants).

Before HOUSE, C.J., and SHAPIRO, LOISELLE, MacDONALD and BOGDANSKI, JJ.

PER CURIAM.

The plaintiffs, at the inception of this action, were Lieutenants Edwin S. Harkins and Raymond Griswold and Sergeant Melvin W. Jetmore,[165 Conn. 408] Sr., of the city of New London police department. They sought injunctive relief pending arbitration proceedings to determine their rights under the collective bargaining agreement between the policemen's union and the city of New London. The arbitration was to review two matters: first, whether the promotion of a sergeant with less seniority than the plaintiffs to the position of captain violated the collective bargaining agreement; and second, whether a promotional examination to select lieutenants from those eligible would deprive the plaintiffs of valuable seniority rights and promotional advantages under the same agreement.

After concluding that the first matter challenging the sergeant's appointment to captain was not arbitrable, the trial court found the issues involved in that matter for the defendants. The trial court refused to grant the request of the plaintiff lieutenants for an injunction prohibiting the promotional examination for the position of lieutenant upon the representation of the city manager that the city would honor the provisions of the collective bargaining agreement for filling any vacancy in that office.

During the course of this appeal, on December 25, 1971, the plaintiff Melvin W. Jetmore, Sr., died. The administrator of his estate was substituted as a party plaintiff. This substitution is decisive for the following reasons. First, no issues regarding the office of lieutenant can be reviewed by this court. The questions of law which the plaintiffs asked to have reviewed in their request for a finding involved only the issues surrounding the promotion of a sergeant to captain. In accordance with Practice Book § 635, the court made no findings concerning the office of lieutenant. Second, counsel during oral...

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39 practice notes
  • 411 A.2d 1 (Conn. 1979), Connecticut Foundry Co. v. International Ladies Garment Workers Union, AFL-CIO
    • United States
    • Connecticut Supreme Court of Connecticut
    • March 6, 1979
    ...130 Conn. 512, 515, 36 A.2d 22, 24; Phaneuf v. Commissioner of Motor Vehicles, 166 Conn. 449, 452, 352 A.2d 291; Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901; Roy v. Mulcahy, 161 Conn. 324, 328, 288 A.2d 64; Maltbie, Conn.App.Proc. s 21. In the absence of an actual and existin......
  • 439 A.2d 1055 (Conn. 1981), Delevieleuse v. Manson
    • United States
    • Connecticut Supreme Court of Connecticut
    • June 16, 1981
    ...Vroom, 130 Conn. 512, 515, 36 A.2d 22; Phaneuf v. Commissioner of Motor Vehicles, 166 Conn. 449, 452, 352 A.2d 291; Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901; Roy v. Mulcahy, 161 Conn. 324, 328, 288 A.2d 64; Page 1057 Maltbie, Conn.App.Proc. § 21. In the absence of an actual and......
  • 527 A.2d 250 (Conn.App. 1987), 5502, State v. Johnson
    • United States
    • Connecticut Appellate Court of Connecticut
    • June 16, 1987
    ...determination of which no practical relief can follow.' Reynolds v. Vroom, 130 Conn. 512, 515, 36 A.2d 22 [1944]; Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901 [1973]; Roy v. Mulcahy, 161 Conn. 324, 328, 288 A.2d 64 [1971]; see Tracy v. Johnson, 156 Conn. 630, 239 A.2d 477 [1968]. T......
  • Kalman v. Berger, 022707 CTSUP, CV064006197
    • United States
    • Connecticut Superior Court of Connecticut
    • Invalid date
    ...the law of this state the courts may not be used as a vehicle to obtain judicial opinions on points of law." Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901 (1973); Connecticut Foundry Co. v. International Ladies Garment Workers Union, 177 Conn. 17, 19, 411 A.2d 1 (1979); (2) tha......
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39 cases
  • 411 A.2d 1 (Conn. 1979), Connecticut Foundry Co. v. International Ladies Garment Workers Union, AFL-CIO
    • United States
    • Connecticut Supreme Court of Connecticut
    • March 6, 1979
    ...130 Conn. 512, 515, 36 A.2d 22, 24; Phaneuf v. Commissioner of Motor Vehicles, 166 Conn. 449, 452, 352 A.2d 291; Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901; Roy v. Mulcahy, 161 Conn. 324, 328, 288 A.2d 64; Maltbie, Conn.App.Proc. s 21. In the absence of an actual and existin......
  • 439 A.2d 1055 (Conn. 1981), Delevieleuse v. Manson
    • United States
    • Connecticut Supreme Court of Connecticut
    • June 16, 1981
    ...Vroom, 130 Conn. 512, 515, 36 A.2d 22; Phaneuf v. Commissioner of Motor Vehicles, 166 Conn. 449, 452, 352 A.2d 291; Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901; Roy v. Mulcahy, 161 Conn. 324, 328, 288 A.2d 64; Page 1057 Maltbie, Conn.App.Proc. § 21. In the absence of an actual and......
  • 527 A.2d 250 (Conn.App. 1987), 5502, State v. Johnson
    • United States
    • Connecticut Appellate Court of Connecticut
    • June 16, 1987
    ...determination of which no practical relief can follow.' Reynolds v. Vroom, 130 Conn. 512, 515, 36 A.2d 22 [1944]; Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901 [1973]; Roy v. Mulcahy, 161 Conn. 324, 328, 288 A.2d 64 [1971]; see Tracy v. Johnson, 156 Conn. 630, 239 A.2d 477 [1968]. T......
  • Kalman v. Berger, 022707 CTSUP, CV064006197
    • United States
    • Connecticut Superior Court of Connecticut
    • Invalid date
    ...the law of this state the courts may not be used as a vehicle to obtain judicial opinions on points of law." Harkins v. Driscoll, 165 Conn. 407, 409, 334 A.2d 901 (1973); Connecticut Foundry Co. v. International Ladies Garment Workers Union, 177 Conn. 17, 19, 411 A.2d 1 (1979); (2) tha......
  • Request a trial to view additional results