Town of Cabot v. Britt
Supreme Court of Vermont
This was au action in behalf of the plaintiff for the penalty, under the statute, against the defendant for keeping and maintaining a nuisance in the highway in the town of Cabot. The plaintiff obtained judgment before the magistrate, and the defendant appealed. The appeal not having been entered by the defendant, the plaintiff entered certified copies of the same with complaint for affirmance.
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This was au action in behalf of the plaintiff for the penalty, under the statute, against the defendant for keeping and maintaining a nuisance in the highway in the town of Cabot. The plaintiff obtained judgment before the magistrate, and the defendant appealed. The appeal not having been entered by the defendant, the plaintiff entered certified copies of the same with complaint for affirmance. The defendant claimed that after the appeal and before the term of the county court, to which appeal was taken, the suit was settled; and moved to. dismiss the complaint. It appeared it was so settled…
1Opinion of the Court
Poland, Ch. J.
The binding validity of the settlement of this case, by the selectmen of Cabot and the defendant, depends upon the question whether under the circumstances, the select-* men had authority so to act, and bind the town. ■ The county court have found that the settlement was made in good-faith, and there seems to have been ample consideration to support it.
It involves the question of the extent of official authority or agency of selectmen under our statute. Sec. 45 ch. 15, G-. S. Ill, is as follows : “ The selectmen shall have the general supervision of the concerns of the town, and…
2Cases cited2 opinions
- Middlebury, New Haven & Bristol v. RoodSupreme Court of Vermont · 1835
- Angel v. Town of PownalSupreme Court of Vermont · 1831
3Cited by8 opinions
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
- Town of Putney v. Town of BrooklineSupreme Court of Vermont · 1967
- Feily v. Bay View Campground Ass'n of the Methodist Episcopal ChurchMichigan Supreme Court · 1920
- Hollister v. Town of PawletSupreme Court of Vermont · 1871
- Kidson v. City of BangorSupreme Judicial Court of Maine · 1904
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