Winooski Lumber & Water Power Co. v. Town of Colchester
Supreme Court of Vermont
Petition for highway commissioners. Heard on demurrer to the plaintiff’s replication to the defendant’s plea. Demurrer overruled. The petition prayed for the appointment of commissioners to inquire into the necessity of certain highways, which it was alleged the selectmen of the defendant town had laid out across the petitioner’s land, without giving notice or paying damages.
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Petition for highway commissioners. Heard on demurrer to the plaintiff’s replication to the defendant’s plea. Demurrer overruled. The petition prayed for the appointment of commissioners to inquire into the necessity of certain highways, which it was alleged the selectmen of the defendant town had laid out across the petitioner’s land, without giving notice or paying damages. The defendant’s plea set forth that there was “not any record of the said supposed laying out of said highways.” The replication alleged that there was a record of the laying out, &c.; and set out a copy of the petition…
1Opinion of the Court
The opinion of the court was delivered by
Yeazey, J.
The demurrer to the replication raises the question whether the action of the selectmen as recorded in the town clerk’s office, in connection with the recorded surrey of the highways in question under the dedication in 1838, all as set forth in the replication, shows a record of the laying out of said highways, or was only an order of removal of obstructions from existing highways. Counsel *541agree that if it shows the former, the County Court had jurisdiction; if the latter, that court had no jurisdiction, the statute not having provided for a…
2Cases cited1 opinion
- Hogaboon v. Town of HighgateSupreme Court of Vermont · 1883
3Cited by5 opinions
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