Connecticut Hotels Co. v. Garde Caterers, Inc.

Connecticut Superior Court

Connecticut Hotels Co. v. Garde Caterers, Inc.

115 A.2d 678, 19 Conn. Super. Ct. 401, 19 Conn. Supp. 401, 1955 Conn. Super. LEXIS 99

CourtConnecticut Superior Court

DecidedJune 8, 1955

DocketFile No. 102272

StatusPublished

This text of 115 A.2d 678 (Connecticut Hotels Co. v. Garde Caterers, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Connecticut Hotels Co. v. Garde Caterers, Inc., 115 A.2d 678, 19 Conn. Super. Ct. 401, 19 Conn. Supp. 401, 1955 Conn. Super. LEXIS 99 (Colo. Ct. App. 1955).

Pincite

Opinion

This is an action asking for a declaratory judgment, an accounting, possession of premises, an injunction, other equitable relief, and damages. This is a motion to dismiss the complaint *Page 402 because it has not satisfied the conditions set forth in § 277 of the Practice Book. It is principally directed at paragraph (c), which provides that this court will not render a declaratory judgment where it "shall be of the opinion that the parties should be left to seek redress by some other form of procedure." The court, on the trial of this action, might conclude that the plaintiff should be accorded the relief it seeks or, on the other hand, that it should be left to raise the questions at issue in some other form of procedure; but the way in which it should exercise its discretion in the matter must be decided at that time and not on a motion to dismiss. Connecticut Savings Bank v. FirstNational Bank, 133 Conn. 403, 414.

The motion to dismiss is denied.

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This is an action asking for a declaratory judgment, an accounting, possession of premises, an injunction, other equitable relief, and damages. This is a motion to dismiss the complaint *Page 402 because it has not satisfied the conditions set forth in § 277 of the Practice Book. It is principally directed at paragraph (c), which provides that this court will not render a declaratory judgment where it "shall be of the opinion that the parties should be left to seek redress by some other form of procedure." The court, on the trial of this action, might conclude that the plaintiff should be accorded the relief it seeks or, on the other hand, that it should be left to raise the questions at issue in some other form of procedure; but the way in which it should exercise its discretion in the matter must be decided at that time and not on a motion to dismiss. Connecticut Savings Bank v. FirstNational Bank, 133 Conn. 403, 414.

The motion to dismiss is denied.

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Bluebook (online)

115 A.2d 678, 19 Conn. Super. Ct. 401, 19 Conn. Supp. 401, 1955 Conn. Super. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connecticut-hotels-co-v-garde-caterers-inc-connsuperct-1955.

Opinion

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