Dunn v. Town of Pownal
Supreme Court of Vermont
This was a petition for the appointment of commissioners to lay out a highway, and was heard at the June term, 1891, Munson, J., presiding, upon the defendant’s motion to dismiss.
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This was a petition for the appointment of commissioners to lay out a highway, and was heard at the June term, 1891, Munson, J., presiding, upon the defendant’s motion to dismiss. This motion was based upon two grounds. 1. Because the selectmen had not, at the time of the bringing of the petition, refused .and neglected to lay said highway. 2. Because within five years before the bringing of this petition, two other, petitions had been brought for the laying of substantially the same highway, in which reports had been made to and accepted by the county court adverse to the laying of the…
1Opinion of the CourtRowell, J.
The petitionee moved to dismiss, for that, among other things, the selectmen had not at. the time of the bringing of the petition neglected and refused to lay out and cause to be surveyed a highway, as therein alleged. Both *118pai'ties produced witnesses on that question ; but the court, failing to agree, did not dispose of it, but proceeded to adjudge that the petitioners were entitled to the appointment of commissioners as matter of right. This is manifest error. No matter whether a motion to dismiss was a proper way to raise the question or not, the parties proceeded to try it as raised, and…
2Cases cited5 opinions
- Upshur County v. RichSupreme Court of the United States · 1890
- French v. HoltSupreme Court of Vermont · 1881
- Calderwood v. Estate of CalderwoodSupreme Court of Vermont · 1865
- Ferguson v. Town of SheffieldSupreme Court of Vermont · 1879
- Crawford v. Town of RutlandSupreme Court of Vermont · 1880
3Cited by5 opinions
- Hansen v. Town of CharlestonSupreme Court of Vermont · 1991
- Ranney v. St. Johnsbury & L. C. Rd.Supreme Court of Vermont · 1893
- In re Mississippi River Power Co.District Court, S.D. Iowa · 1917
- Town of Woodstock v. ClevelandSupreme Court of Vermont · 1966
- City of Burlington v. Burlington Traction Co.Supreme Court of Vermont · 1898