Appeal of Norwalk St. Ry. Co.
| Court | Supreme Court of Connecticut |
| Writing for the Court | PER CURIAM. |
| Citation | 38 A. 708,69 Conn. 576 |
| Parties | Appeal of NORWALK ST. RY. CO. |
| Decision Date | 05 November 1897 |
69 Conn. 576
Appeal of NORWALK ST. RY. CO.
Supreme Court of Errors of Connecticut.
Nov. 5, 1897.
Motion for rehearing. Denied.
For former report, see 37 Atl. 1080.
John W. Ailing, George D. Watrous, J. Belden Hurlbutt, and Winthrop H. Perry, for the motion.
Goodwin Stoddard and Edward M. Lockwood, opposed.
PER CURIAM. The motion is denied. The appeal to Judge Hall was taken under the provision of the act of 1895 authorizing an appeal whenever the municipal authorities shall fail to notify the railroad company of their decision as prescribed, and transferring, in such event, to the court "the same powers with reference to said plan and the acceptance or modification thereof that said municipal authorities would have had under the provisions of said act" of 1893. This appeal should have been dismissed, because the court had no jurisdiction to entertain such an application; and for this reason we reversed the judgment. Counsel now claim that the appeal to Judge Hall was also an appeal under the preceding provision of the act of 1895, authorizing an appeal from any "decision, denial, order, or direction," and requiring such appeal to be by petition, stating specifically the portion of such decision.
etc., appealed from, and the reasons of such appeal, and urge their failure to argue this claim upon the original argument as a ground for granting the present motion. The considerations now suggested in support of their claim, as well as those in further support of the appellant's main contention, were carefully weighed before our decision was announced. We held that the appeal to Judge Hall was not taken from any decision, etc, under the first provision of the act of 1895, but was taken solely under the later provision, which we held to be invalid. The judgment of reversal simply directs the dismissal of the application to Judge Hall, for want of jurisdiction. It is not a bar to the new presentation of a plan to the city council, and a proper appeal, if occasion shall arise, under the first provision of the act of 1895.
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State v. Moynahan
...are governed by the division of governmental powers. State v. Stoddard, 126 Conn. 623, 627, 13 A.2d 586; Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080. 'Our own constitution, [164 Conn. 568] like most constitutions, provides for certain elective and legislative appointments......
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State v. Nardini
...157 Conn. 150, 154, 251 A.2d 49 (1968); Heiberger v. Clark, 148 Conn. 177, 189, 169 A.2d 652 (1961); Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080 (1897). The legislature may not confer upon the judicial department legislative and administrative functions; Adams v. Rubinow,......
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Massameno v. Statewide Grievance Committee, Nos. 14930
...by the division of governmental powers. State v. Stoddard, 126 Conn. 623, 627, 13 A.2d 586 [1940]; Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080 [1897]. 'Our own Constitution like most constitutions, provides for certain elective and legislative appointments; but except in ......
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State v. Rodriguez
...was substantive in nature. It was not inconsistent with the independence of the judicial department; see Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 594, 37 A. 1080 (1897); did not regulate procedure in the Superior Courts; see State ex rel. Kelman v. Schaffer, 161 Conn. 522, 529, 290 A.......
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State v. Moynahan
...are governed by the division of governmental powers. State v. Stoddard, 126 Conn. 623, 627, 13 A.2d 586; Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080. 'Our own constitution, [164 Conn. 568] like most constitutions, provides for certain elective and legislative appointments......
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State v. Nardini
...157 Conn. 150, 154, 251 A.2d 49 (1968); Heiberger v. Clark, 148 Conn. 177, 189, 169 A.2d 652 (1961); Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080 (1897). The legislature may not confer upon the judicial department legislative and administrative functions; Adams v. Rubinow,......
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Massameno v. Statewide Grievance Committee, Nos. 14930
...by the division of governmental powers. State v. Stoddard, 126 Conn. 623, 627, 13 A.2d 586 [1940]; Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 586, 37 A. 1080 [1897]. 'Our own Constitution like most constitutions, provides for certain elective and legislative appointments; but except in ......
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State v. Rodriguez
...was substantive in nature. It was not inconsistent with the independence of the judicial department; see Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 594, 37 A. 1080 (1897); did not regulate procedure in the Superior Courts; see State ex rel. Kelman v. Schaffer, 161 Conn. 522, 529, 290 A.......