172 Conn. 207 | Conn. | 1977
This appeal presents an unusual and confusing situation. Edward J. Sempey was for many years employed as an officer of the Stamford police department. On June 1, 1946, he married the plaintiff Gunhild Sempey and five children were born of this marriage. On February 1, 1958, Jean Shaw married Edward Sempey and two children were born as a result of this marriage. Edward Sempey died on July 21, 1973. Gunhild Sempey brought the present action against the board of trustees of the Stamford police pension fund seeking mandamus to require the trustees to pay to her as the widow of Edward Sempey the
The court rendered judgment finding the issues for Jean Sempey, ordering that the widow’s pension be paid to her and relieving the city of Stamford of any responsibility for pension obligations to Grunhild. From this judgment Grunhild brought the present appeal.
In view of the inconsistency in the finding and our inability to reconcile it from anything in the record, it appears that a new trial is necessary. Practice Book § 627.
There is error, the judgment is set aside and a new trial is ordered.