Bridgeport Malleable Iron Company's Appeal from County Commissioners

3 Citing cases

  1. Ward School Bus Mfg. v. Fowler

    261 Ark. 100 (Ark. 1977)   Cited 47 times
    Holding that we have only appellate jurisdiction with respect to the Commission

    It is widely held and recognized that the word "appeal" is a misnomer when used in a statute providing for and governing applications for judicial review of the quasi-judicial actions of administrative boards, commissions and agencies. Appeal of Bridgeport Malleable Iron Co., 86 Conn. 378, 85 A. 580; U.S. Steel Corp. v. Douglas, 125 Ind. App. 212, 123 N.E.2d 899, and cases cited infra. The use of this word has been said to be misleading. Such an "appeal" has been referred to as a "so-called" appeal, "Amorphous" appeal, etc.

  2. Cromwell v. Jackson

    188 Md. 8 (Md. 1947)   Cited 41 times
    In Cromwell v. Jackson, 188 Md. 8, 52 A.2d 79 (1947), we discussed the issue of separation of powers in a situation where the Legislature was again attempting to confer administrative licensing matters on the Judiciary.

    On such appeal the Supreme Court of Connecticut held that there was not transferred to the court the jurisdiction of the county commission to hear purely administrative questions. See also Appeal of Bridgeport, etc., Co., 86 Conn. 378, 85 A. 580. These cases illustrate the difference between purely administrative action in granting a license, and the hearing, by the court, where there is a dispute in a case between parties, such as there was in the McCrea case.

  3. DeMond v. Liquor Control Commission

    129 Conn. 642 (Conn. 1943)   Cited 43 times

    " These decisions were made before the careful consideration given in Norwalk Street Ry. Co.'s Appeal, 69 Conn. 576, 37 A. 1080, 38 A. 708, to the question of the division of powers between the three departments of government and the decision then reached, that administrative functions could not constitutionally be vested in the courts. Thereafter, we re-examined the proposition quoted above from the Hopson case; Malmo's Appeal, 72 Conn. 1, 6, 43 A. 485; Moynihan's Appeal, 75 Conn. 358, 53 A. 903; and in Bridgeport Malleable Iron Co.'s Appeal, 86 Conn. 378, 383, 85 A. 580, we stated that an appeal from the county commissioners in a matter involving the issuance of a license to sell liquor "does not and cannot transfer to the Superior Court the jurisdiction of the county commissioners to hear purely administrative questions; and that the word `appeal' is thus a misnomer when applied to these appeals from the county commissioners, because the proceeding by appeal does not transfer the entire matter to the Superior Court for a rehearing, but takes there only judicial questions involving the legality of their conduct." That statement applies fully to an appeal taken from the liquor control commission.