206 A.2d 846 | Conn. Super. Ct. | 1952
This was an application for an order granting to the petitioner, a natural gas pipeline company, a right of immediate entry upon the lands of the respondents located in Newtown.
A condemnation proceeding was brought by the petitioner under the provisions of the Natural Gas *449 Pipe Lines Act, chapter 264a of the 1951 Cumulative Supplement,2 by writ and complaint dated March 31, 1952 and returnable to the Superior Court in Fairfield County on the first Tuesday of May, 1952. The original process was actually returned to court and filed in the clerk's office on April 7, 1952. Subsequently, on April 8, 1952, the petitioner applied to the court for an order granting a right of immediate entry upon the respondent's lands under the provisions of § 1076b of the 1951 Cumulative Supplement,3 and an order of notice was issued and service made. The defendants appeared specially, and the parties cooperated with the court in joining issues by pleadings subsequent to the petition consisting of an answer, a reply, and a rejoinder. For convenience, the first and second special defenses of the answer will be taken up first, and in inverse order.
The second special defense raising the lack of jurisdiction is not well taken and is overruled. [Remainder of opinion omitted.]