DocketNumber: File 91782
Citation Numbers: 164 A.2d 236, 22 Conn. Super. Ct. 154, 22 Conn. Supp. 154, 1960 Conn. Super. LEXIS 117
Judges: House
Filed Date: 6/8/1960
Status: Precedential
Modified Date: 11/3/2024
This action has been brought by New Haven County alleging an agreement for the sale of certain real estate and a breach of the agreement. The pleadings having been closed, the plaintiff has claimed the case for the court trial list as a privileged case, stating, as the reason for privilege, "Action by County of New Haven, a sub-division of Government, which is more than 65 years old, and will demise by legislative action on October 1, 1960." The plaintiff thus seeks to take advantage of the provisions of §
Noting that §
The fundamental rule for the construction of statutes is to ascertain the intent of the legislature.Leach v. Florkosky,
The language of the statute, the obvious purpose to benefit individual litigants of advancing years, the legislative history of the statute and the absurd result of any other construction all lead to the conclusion that as used in §
This does not mean, however, that the court is without power to grant the plaintiff's claim on other *Page 157
grounds. It cannot be doubted that the Superior Court as a constitutional court of general trial jurisdiction is empowered to direct the order in which cases before it shall be tried as the ends of justice and the business before it may dictate. State BarAssn. v. Connecticut Bank Trust Co.,
Due consideration must always be given to the inevitable circumstance that if a more recent case is given the status of a privileged case it thereby secures a precedence and an advantage, in an earlier trial date, over other cases on the list, to their disadvantage. For this reason, the privileged status is granted only for good and just cause. The circumstances of the present action appear to justify such an extraordinary order. The plaintiff is a public governmental entity; General Hospital Society
v. New Haven County,
Under the circumstances, it is in the public interest that the issues in this case be determined without undue delay. For this reason, and not for that cited by the plaintiff, the claim of privilege is allowed, and the case may be placed on the privileged list for trial.
In Re Appeal of Dattilo , 136 Conn. 488 ( 1950 )
Wilson v. Miller , 144 Conn. 212 ( 1957 )
Bergner v. State , 144 Conn. 282 ( 1957 )
Connecticut Breweries Co. v. Murphy , 81 Conn. 145 ( 1908 )
Haliburton v. General Hospital Society of Connecticut , 133 Conn. 61 ( 1946 )
STATE BAR ASSN. v. Connecticut Bank & Trust Co. , 145 Conn. 222 ( 1958 )
Lee v. Lee , 145 Conn. 355 ( 1958 )
Sullivan v. Town Council , 143 Conn. 280 ( 1956 )
Leach v. Florkosky , 145 Conn. 490 ( 1958 )
General Hospital Society v. County of New Haven , 127 Conn. 53 ( 1940 )