reference presumption (Connecticut) · Go Syfert
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reference presumption in Connecticut

7 Connecticut opinions name it 3 courts 1948–2008 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
State v. Masongreen
conn · 1982 · cited in 1 Connecticut opinions naming this issue, 1983–1983
2 sentences

1983See State v. Mason, 186 Conn. 574, 583 , 442 A.2d 1335 (1982); State v. Cosgrove, 186 Conn. 476, 481 , 442 A.2d 1320 (1982).

1983See State v. Mason, 186 Conn. 574, 583 , 442 A.2d 1335 (1982); State v. Cosgrove, 186 Conn. 476, 481 , 442 A.2d 1320 (1982).

11
Clark v. Beersgreen
· 1891 · cited in 1 Connecticut opinions naming this issue, 1963–1963
1 sentence

1963All investments other than those named in the statute must be justified, when occasion requires, under the rigid rules applicable to investments made by trustees upon their own judgment.” Ibid.; see Beardsley v. Bridgeport Protestant Orphan Asylum, 76 Conn. 560, 564 (1904), implying that the reference in Clark v. Beers, supra, to the “rigid rules applicable to investments made by trustees upon their own judgment” is simply a reference to a rule of “reasonable prudence.” In Russell v. Russell, 109 Conn. 187, 194 (1929), however, the court regarded the use of principal for improvement of real es

11
Russell v. Russellgreen
· 1929 · cited in 1 Connecticut opinions naming this issue, 1963–1963
1 sentence

1963All investments other than those named in the statute must be justified, when occasion requires, under the rigid rules applicable to investments made by trustees upon their own judgment.” Ibid.; see Beardsley v. Bridgeport Protestant Orphan Asylum, 76 Conn. 560, 564 (1904), implying that the reference in Clark v. Beers, supra, to the “rigid rules applicable to investments made by trustees upon their own judgment” is simply a reference to a rule of “reasonable prudence.” In Russell v. Russell, 109 Conn. 187, 194 (1929), however, the court regarded the use of principal for improvement of real es

11
Beardsley v. Bridgeport Protestant Orphan Asylumgreen
· 1904 · cited in 1 Connecticut opinions naming this issue, 1963–1963
1 sentence

1963All investments other than those named in the statute must be justified, when occasion requires, under the rigid rules applicable to investments made by trustees upon their own judgment.” Ibid.; see Beardsley v. Bridgeport Protestant Orphan Asylum, 76 Conn. 560, 564 (1904), implying that the reference in Clark v. Beers, supra, to the “rigid rules applicable to investments made by trustees upon their own judgment” is simply a reference to a rule of “reasonable prudence.” In Russell v. Russell, 109 Conn. 187, 194 (1929), however, the court regarded the use of principal for improvement of real es

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Commission on Human Rights & Opportunities v. Board of Education green
conn · 2004
2 sentences

2008The § 8-2(a) regulation of "the location and use of buildings," and the § 7-148(c)(7)(A)(ii) "[r]egulat[ion][of] the mode of using any buildings," are similar to and not inconsistent with one another. "[T]he axiom that a specific statutory provision will ordinarily trump a general statutory provision cannot, by itself, displace the process of thoughtful and complete statutory interpretation. . . . [T]hat axiom does not appropriately apply in the present case." (Citation omitted.) Commission on Human Rights & Opportunities v. Board of Education, 270 Conn. 665, 723 , 855 A.2d 212 (2004).

2008The § 8-2(a) regulation of "the location and use of buildings," and the § 7-148(c)(7)(A)(ii) "[r]egulat[ion][of] the mode of using any buildings," are similar to and not inconsistent with one another. "[T]he axiom that a specific statutory provision will ordinarily trump a general statutory provision cannot, by itself, displace the process of thoughtful and complete statutory interpretation. . . . [T]hat axiom does not appropriately apply in the present case." (Citation omitted.) Commission on Human Rights & Opportunities v. Board of Education, 270 Conn. 665, 723 , 855 A.2d 212 (2004).

12008–2008
Secondino v. New Haven Gas Co. green
conn · 1960
2 sentences

1999The plaintiff seems to argue that the court’s charge improperly omitted or failed to emphasize a reference to the requirement that the missing witness must have “peculiar or superior information . . . .” Secondino v. New Haven Gas Co., 147 Conn. 672, 675 , 165 A.2d 598 (1960).

1999The plaintiff seems to argue that the court’s charge improperly omitted or failed to emphasize a reference to the requirement that the missing witness must have “peculiar or superior information . . . .” Secondino v. New Haven Gas Co., 147 Conn. 672, 675 , 165 A.2d 598 (1960).

11999–1999
Palomba v. Gray green
conn · 1988
1 sentence

1996The remaining asserted grounds are complaints concerning rulings on the admissibility of evidence and exceptions to the charge that do not identify adequate reasons to set aside the verdict under the standard set forth in Palomba v. Gray, 208 Conn. 21 , 24-25 (1988) and Labatt v. Grunewald, 182 Conn. 236 , 240 .

11996–1996
Labatt v. Grunewald green
conn · 1980
1 sentence

1996The remaining asserted grounds are complaints concerning rulings on the admissibility of evidence and exceptions to the charge that do not identify adequate reasons to set aside the verdict under the standard set forth in Palomba v. Gray, 208 Conn. 21 , 24-25 (1988) and Labatt v. Grunewald, 182 Conn. 236 , 240 .

11996–1996
Root v. Western Conference of Teamsters Pension Trust Fund green
scotus · 1981
1 sentence

1986See State v. Mason, supra, 584 ; State v. Maselli, 182 Conn. 66, 77-78 , 437 A.2d 836 (1980), cert. denied, 449 U.S. 1083 , 101 S. Ct. 868 , 66 L.

11986–1986
Ciaffoni v. Cowden green
scotus · 1981
1 sentence

1986See State v. Mason, supra, 584 ; State v. Maselli, 182 Conn. 66, 77-78 , 437 A.2d 836 (1980), cert. denied, 449 U.S. 1083 , 101 S. Ct. 868 , 66 L.

11986–1986
Zicarelli v. Dietz green
scotus · 1981
1 sentence

1986See State v. Mason, supra, 584 ; State v. Maselli, 182 Conn. 66, 77-78 , 437 A.2d 836 (1980), cert. denied, 449 U.S. 1083 , 101 S. Ct. 868 , 66 L.

11986–1986
State v. Maselli green
conn · 1980
2 sentences

1986See State v. Mason, supra, 584 ; State v. Maselli, 182 Conn. 66, 77-78 , 437 A.2d 836 (1980), cert. denied, 449 U.S. 1083 , 101 S. Ct. 868 , 66 L.

1986See State v. Mason, supra, 584 ; State v. Maselli, 182 Conn. 66, 77-78 , 437 A.2d 836 (1980), cert. denied, 449 U.S. 1083 , 101 S. Ct. 868 , 66 L.

11986–1986
State v. Cosgrove green
conn · 1982
2 sentences

1983See State v. Mason, 186 Conn. 574, 583 , 442 A.2d 1335 (1982); State v. Cosgrove, 186 Conn. 476, 481 , 442 A.2d 1320 (1982).

1983See State v. Mason, 186 Conn. 574, 583 , 442 A.2d 1335 (1982); State v. Cosgrove, 186 Conn. 476, 481 , 442 A.2d 1320 (1982).

11983–1983
Santo v. Maynard green
conn · 1889
2 sentences

1948However, the reference in the rule to pleading agency is merely in illustration of the qualification to the statement as to pleading acts and conduct by their legal effect, that the pleading should be such as fairly to apprise the adverse party of the state of facts which it is intended to prove; Santo v. Maynard, 57 Conn. 157, 161 , 17 A. 700 ; and the rule contains the express limitation that the fact of agency must be known to the pleader.

1948However, the reference in the rule to pleading agency is merely in illustration of the qualification to the statement as to pleading acts and conduct by their legal effect, that the pleading should be such as fairly to apprise the adverse party of the state of facts which it is intended to prove; Santo v. Maynard, 57 Conn. 157, 161 , 17 A. 700 ; and the rule contains the express limitation that the fact of agency must be known to the pleader.

11948–1948

Where else courts name it

WA 153 (1945–2026) CA 109 (1928–2026) NY 32 (1868–2019) IL 30 (1902–2024) MN 23 (1960–1996) FL 18 (1974–2017) PA 17 (1843–2024) MO 17 (1892–2010) OH 16 (1911–2023) MA 16 (1928–2026) TX 15 (1979–2024) OR 14 (1892–2021) GA 11 (1911–2017) NJ 11 (1919–2025) ME 9 (1957–2001) AZ 8 (1978–2022) AL 8 (1925–2013) MD 8 (1963–2007) OK 7 (1941–2016) CO 7 (1912–2026) CT 7 (1948–2008) LA 7 (1983–2019) IA 7 (1939–2025) UT 7 (1990–2020) MS 6 (1994–2006) TN 6 (1933–2014) WI 6 (1986–2023) MI 6 (1959–2026) NC 4 (1906–2000) IN 4 (1976–2007) DC 4 (1881–2008) NH 3 (1977–2000) SD 3 (2009–2012) DE 3 (1934–2019) ID 2 (1990–1991) WY 2 (1976–2005) MT 2 (1942–1942) VA 2 (1962–2022) HI 2 (2013–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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