4 Conn. Supp. 391 | Conn. Super. Ct. | 1937
These two suits involve similar issues and were tried together. They are brought to recover unpaid taxes. General Statutes Section 1231. In the first the taxes due from Mr. Aimes individually are the subject of inquiry and in the second those assessed on property owned by Mr. and Mrs. Aimes jointly. The taxes have not been paid and the real defense is that the defendants are either unable or unwilling to pay them. The claims based on the 1935 lists *392 were withdrawn.
Section 65 of the Practice Book provides that the exclusive remedy for misjoinder of parties is by motion. The defect should be raised in the trial court, Loomis vs. Hollister,
The certificate of error was filed under General StatutesSection 1161. This section is discussed and applied in BridgeportBrass Company vs. Drew,
If error is found in this conclusion, it can be easily corrected by subtracting from the total in # 50762 the amount of tax, interest and lien charge for these years, or $1104.98.
In case # 50761 I find the amount due the Town to be $11,820.28, the amount due the School District to be $3047.45, and that judgment should enter for the plaintiffs against the defendant for $14,867.73.
In case # 50762 I find the amount due the Town to be $3132.13, the amount due the School District to be $855.68, and that judgment should enter for the plaintiffs against the defendants for $3987.81.
Judgment accordingly.