People v. Royalton & Woodstock Turnpike Co.
Supreme Court of Vermont
This was a scire facias, originally brought to this court, alleging that the defendants’ turnpike had been much neglected and suffered to be out of repair, and citing the defendants to show cause why their charter should not be forfeited.— The defendants pleaded not guilty, and the issue upon that plea was sent to the county court for trial.
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This was a scire facias, originally brought to this court, alleging that the defendants’ turnpike had been much neglected and suffered to be out of repair, and citing the defendants to show cause why their charter should not be forfeited.— The defendants pleaded not guilty, and the issue upon that plea was sent to the county court for trial. On the trial in the county court, testimony was introduced on the part of the state, tending to prove the allegations; contained in the writ, and showing that, at several times within the time mentioned in the writ, and especially for the last year before…
1Opinion of the Court
Williams, Ch. J.
The plea in this case, if it is a proper one, must be considered as denying the matters alleged in the writ. The jury may, on the trial, return a verdict either generally or specially. From the 4th section of the act, direc*432ing the mode of taking forfeitures of grants and charters, it appears that the jury are to find whether the conditions of a grant or charter have been broken or the grant or charter forfeited or not, and from the peculiar state of feeling, on the subject of taking away charters, which existed formerly in this country, as well as in England, I have no doubt…
2Cited by1 opinion
- Darnell v. StateSupreme Court of Arkansas · 1886