Dalrymple v. Town of Whitingham
Supreme Court of Vermont
Assumpsit in which the plaintiff declared specially on a submission to and award of arbitrators. The declaration also contained the common counts. Plea, the general issue, and trial by jury.
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Assumpsit in which the plaintiff declared specially on a submission to and award of arbitrators. The declaration also contained the common counts. Plea, the general issue, and trial by jury. On the trial it appeared that the selectmen of the town of Whiting-ham, on the 16th day of July, A. D. 1850, duly laid out and surveyed a public highway in said town, across lands owned by the plaintiff jointly • with James S. Dalrymple, and other lands owned by the plaintiff with one James S. Dalrymple, Jun., which survey was duly recorded in the town clerk’s office in said town, on said 16th day of…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The special count in this declaration is upon an award of arbitrators. We learn from the case, that on the 16th of July, 1850, the selectmen of Whitingham laid outa public highway, over land owned by the plaintiff, and James S. Dalrymple, and also over land owned by the plaintiff and James S. Dalrymple, Jun. It appears that the plaintiff was authorized by those jointly interested with him in the lands, to make the submission, and take the award in his own name, so that no objections from that matter arise in the case. The statute authorizes…
2Cases cited2 opinions
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- Bacon v. WilberNew York Supreme Court · 1823
3Cited by10 opinions
- State ex rel. Attorney General v. O'NeillWisconsin Supreme Court · 1869
- Clark v. Polk CountySupreme Court of Iowa · 1865
- Atchison, Topeka & Santa Fe Railroad v. Board of County CommissionersSupreme Court of Kansas · 1897
- Taft v. Town of PittsfordSupreme Court of Vermont · 1856
- Bullock v. BergmanCourt of Appeals of Maryland · 1877
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