Hewes v. Town of Andover
Supreme Court of Vermont
Petition for the appointment of commissioners to lay a highway through a portion of Andover, in Windsor County, through Wind-ham and Londonderry, in Windham County, and through Winhall into Peru, in Bennington County. The petition commenced, “the undersigned petitioners come, and represent,” &c.
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Petition for the appointment of commissioners to lay a highway through a portion of Andover, in Windsor County, through Wind-ham and Londonderry, in Windham County, and through Winhall into Peru, in Bennington County. The petition commenced, “the undersigned petitioners come, and represent,” &c. A motion to dismiss was interposed, assigning as a reason that it did not appear from the petition that the petitioners were any of them freeholders, or inhabitants, of the towns, or vicinity, through which the road was to be laid. cited Rev, St. 129, § 39 ; 130, § 34; 132, § 44.
1Opinion of the Court
Curia, Per Redfield, J.
The statute requires that a petition addressed to this court, asking for a new highway, should be signed by at least seven freeholders of the town, or vicinity, expected to be *511affected by the road. In the present case the petitioners do not so describe themselves. We therefore think that the petition, on the face of it, is insufficient.
It is necessary that the facts, which are > indispensable to the jurisdiction of this court in these sessions matters, of which the laying of highways is peculiarly one, should appear upon the face of the proceedings. Unless this is so,…
2Cited by3 opinions
- Town of Barton v. Town of SuttonSupreme Court of Vermont · 1919
- Kent v. Village of Enosburg FallsSupreme Court of Vermont · 1899
- Probate Court v. Indemnity Insurance Co. of North AmericaSupreme Court of Vermont · 1934