Sargent v. Town of Ludlow
Supreme Court of Vermont
Assumpsit to recover a town bounty. Plea, the general issue. Trial by the court, December term, 1869, Barrett, J., presiding.
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Assumpsit to recover a town bounty. Plea, the general issue. Trial by the court, December term, 1869, Barrett, J., presiding. The plaintiff declared upon, and claimed to recover under a vote passed at a town meeting, held March 11,1865 ; and he subsequently filed an additional count in which he claimed to be entitled to recover upon a vote passed at a town meeting, held December 31, 1863. Article 7 in the warning of the meeting of the defendant town, held March 11, 1865, was as follows: “ To see if the town will pay bounties to veterans who have reenlisted in the field.” “ Voted” (upon said…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
In the original declaration, the plaintiff counted on the vote of March 11, 1865, and upon this his counsel mainly rely. In order to recover he must be shown to come within that vote. The interpretation and meaning of the vote are to be gathered from its language, taken in connection with the article *729in the warning in pursuance of which the vote was passed. In this mode of considering it, we have mo doubt that in truth it means just the same as if the words “ re-enlisted in the field ” had been used in the vote just as they were in the…
2Cases cited2 opinions
- Livingston v. Town of AlbanySupreme Court of Vermont · 1867
- Hartwell v. Town of NewarkSupreme Court of Vermont · 1868
3Cited by1 opinion
- Hines v. MikellCourt of Appeals for the Fourth Circuit · 1919