63 A.2d 847 | Conn. | 1949
The plaintiff has attempted to appeal to the Superior Court from a decision of the zoning board of appeals of West Hartford. The case is an apt illustration of the application of the familiar maxim about the lawyer who is his own client.
Practically everything is wrong with this appeal. *305
The plaintiff is a commissioner of the Superior Court and himself signed the citation. This he may not do. Doolittle v. Clark,
This leaves the appeal itself. The tortuous course pursued by the pleadings need not be discussed in the view we take of the case. Section 11, 19 Special Laws 937, provides for appeals from decisions of the zoning board of appeals of West Hartford to the Court of Common Pleas or the Superior Court. General Statutes, 429, contains the same general provision. Subsequent statutes give the Court of Common Pleas exclusive jurisdiction of such appeals. Sup. 1941, 50f, 810f. The question is: Did the General Assembly intend that the general provisions should supersede those of the special law? The following *306
rules of construction are well settled. When provisions of the general statutes (1941) cover the same field as those of special law (1925) the former prevail. Hutchison v. Hartford,
It is the duty of the court to act whenever lack of jurisdiction of the subject matter comes to its attention. Foss v. Foss,
There is error, the judgment is set aside and the Superior Court is directed to dismiss the appeal for want of jurisdiction.
In this opinion the other judges concurred except DICKENSON, J., who concurred in the result.