Opinion
Argued April 14, 1942
Decided May 22, 1942.
APPEAL from the refusal of the defendant to issue a funeral director's license to the plaintiff, brought to the Superior Court in Tolland County and tried to the court, Dickenson, J.; judgment dismissing the appeal from which the plaintiff appealed to this court. Error and case remanded with direction.
Harry H. Lugg, with whom, on the brief, was Donald C. Fisk, for the appellant (plaintiff).
Thomas J. Conroy, assistant attorney general, with whom, on the brief, was Francis A. Pallotti, attorney general, for the appellee (defendant).
This case involves the same principles of law as those fully considered in Hart v. Board of Examiners of Embalmers, decided at this term, and is governed thereby. The fact that this was an appeal while the Hart case was an action for a declaratory judgment does not affect this conclusion. The defendant admits that the plaintiff is qualified and refused the license on the ground that it had no power to issue one to him.