Whitehead v. Town of Eastford
Whitehead v. Town of Eastford
Opinion of the Court
The plaintiffs have moved to dismiss the defendant’s appeal for two reasons: (1) failure to serve appeal papers as required by §§ 951 and 80 of the Practice Book; and (2) failure to request a finding in accordance with § 957 of the Practice Book, and thus, in the absence of a finding, making impossible a review of the conclusions reached by the trial court.
On May 26, 1967, a memorandum of decision was filed by the court, resulting in a judgment for the plaintiffs. The adjudication followed a suit and
On June 22, 1967, the defendant filed its assignment of errors, which was properly served on counsel for the plaintiffs. No finding of fact had been requested or made by the court, and the assignment was limited only to errors apparent on the face of the record.
The only question presented to us, in argument and on the brief of the plaintiffs (the defendant having filed no brief), was whether the appeal should be dismissed because of failure of service as alleged in paragraph one of the motion to dismiss. The appeal was not argued on the merits and the assignment of errors was not before us for consideration. We are therefore of the opinion that the second ground of the motion does not require our decision. See, e.g., Farrell v. Spangle, 151 Conn. 709, 710; Phoenix Ins. Co. v. Carey, 80 Conn. 426, 433.
The appeal is dismissed.
Kosicki, Kinmonth and Macdonald, Js., participated in this decision.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.