Legal Opinion

Town of Londonderry v. Town of Peru

Supreme Court of Vermont

Decided February 15, 1873PublishedCited by 4 opinions

Petition for a writ of certiorari. This petition alleged, among other things, that at the June term, 1868, of Bennington county court, D. L. Kent and others, preferred their petition against the town of Peru, in said county, praying for the laying out of a public highway in said town ; that the court at said term appointed commissioners to examine and report in the premises, and continued the case to the December term, 1868 ; that at the June term, 1871, said court ordered…

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Petition for a writ of certiorari. This petition alleged, among other things, that at the June term, 1868, of Bennington county court, D. L. Kent and others, preferred their petition against the town of Peru, in said county, praying for the laying out of a public highway in said town ; that the court at said term appointed commissioners to examine and report in the premises, and continued the case to the December term, 1868 ; that at the June term, 1871, said court ordered and adjudged that the •‘town of Londonderry be assessed for the building of this road, the sum of five hundred dollars,…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

This was a petition for a writ of certiorari, to bring up the files and records remaining in the county court, in a proceeding in which D, L. Kent and others were petitioners, and the *428towns of Peru, Dorset, Landgrove, and Londonderry were defendants. The object, purpose, and history of that proceeding, are stated in the petition, and the only evidence upon which the petitioner predicates his right to the writ, is contained therein. Counsel in argument have assumed the existence of ccrlain facts which are not alluded to in the petition, and…

2Cases cited5 opinions

  1. Paine v. Town of LeicesterSupreme Court of Vermont · 1849
  2. Town of Brookline v. Town of WestminsterSupreme Court of Vermont · 1832
  3. Town of Woodstock v. GallupSupreme Court of Vermont · 1856
  4. Town of Pomfret v. Town of HartfordSupreme Court of Vermont · 1869
  5. Lyman v. Town of BurlingtonSupreme Court of Vermont · 1849

3Cited by4 opinions

  1. Gray v. Middletown & PoultneySupreme Court of Vermont · 1884
  2. Stevens v. HillSupreme Court of Vermont · 1902
  3. Chase v. Town of RutlandSupreme Court of Vermont · 1875
  4. Prince v. Town of BraintreeSupreme Court of Vermont · 1892

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