39 Conn. 401 | Conn. | 1872
We are all of opinion that this bill should be .dismissed. The questions raised are all questions, of law, and should be decided in a court of law. The remedy there, in the words of Church, J., in Chipman v. Hartford, 21 Conn., 498, is “ obvious, adequate, and complete.” The question of jurisdiction, it is true, is a preliminary one, and as a general rule, cannot be' made at the hearing. In any stage of a c.ase, however, if it appears that the court has no proper jurisdiction of the subject, it ought to be dismissed. The answer of the defendants involves this question ; for though it denies, generally, the truth of the facts set forth in the bill, it also denies their sufficiency if true. Such an answer is subject to the charge of duplicity, and is not, probably, what Lord Coke would call “ good and orderly pleading,” but it has with us the sanction of long and general practice, and has not been found inconvenient.
The .Superior Court is advised to dismiss the bill.