Witherell v. Town of Fletcher
Supreme Court of Vermont
Assumpsit, in five counts, to recover $200 town bounty. Plea, tbe general issue. Trial by the court, May term, 1869, Wilson, J., presiding. The- plaintiff offered the record of a vote of the defendant town, passed at a town meeting held on the 30th of November, 1863, together with the warning in pursuance of which the meeting was held.
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Assumpsit, in five counts, to recover $200 town bounty. Plea, tbe general issue. Trial by the court, May term, 1869, Wilson, J., presiding. The- plaintiff offered the record of a vote of the defendant town, passed at a town meeting held on the 30th of November, 1863, together with the warning in pursuance of which the meeting was held. The vote is as follows, viz.: “Yoted that the town raise upon the grand list two hundred dollars to be paid- to each volunteer who may enlist on the quota now called for from the town .of Eletcher, to be paid when such volunteer is mustered into the service of…
1Opinion of the Court
The opinion of the court was delivered by
Pierpoint, C. J.
It appears from the case that, on the 17th of October, 1863, the President of the United States issued, a call for three hundred thousand men; that under that call the quota of the defendant town was twelve ; that on the 30th of November, 1863, the town voted to pay $200 to each volunteer who should enlist on that quota. On the 21st of December following, the plaintiff, being then in the service, re-enlisted, and was mustered in on the 22d of December. At that time the quota of the town was not full. On these facts the plaintiff seeks…
2Cited by1 opinion
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