Estey v. Starr
Supreme Court of Vermont
Petition for writ of mandamus. We insist, that under this statute which confers upon a town such extraordinary powers, and for a special purpose, the town having voted its aid, and the required assent of the tax-payers having been obtained and the necessary records all duly made, they could not annul aud render inoperative such action of the town and its tax-payers had and performed under the votes of February 3d, by the rescinding votes of March 6th.
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Petition for writ of mandamus. We insist, that under this statute which confers upon a town such extraordinary powers, and for a special purpose, the town having voted its aid, and the required assent of the tax-payers having been obtained and the necessary records all duly made, they could not annul aud render inoperative such action of the town and its tax-payers had and performed under the votes of February 3d, by the rescinding votes of March 6th. The town became irrevocably bound, and it was then and is now the duty of the commissioners to subscribe for and in behalf of the town, the…
1Opinion of the Court
The opinion of the court was delivered by
Dowers, J.
This is a petition for a writ of mandamus to be issued to the defendants,. Starr, Fuller, and Dowley, requiring them for and in behalf of the town of Brattleboro, to subscribe for sixty-six thousand dollars’ worth of the capital stock of the Brattleboro & Bennington railroad company.
At a meeting of the inhabitants of the town of Brattleboro duly warned and liolden on the 3d day of February, 1883, votes were legally passed, granting aid to said railroad company in the amount aforesaid; and the defendants named were appointed commissioners to…
2Cases cited2 opinions
- Cox v. Town of Mount TaborSupreme Court of Vermont · 1868
- Stoddard v. GilmanSupreme Court of Vermont · 1850
3Cited by11 opinions
- Mcconoughey v. JacksonCalifornia Supreme Court · 1894
- Neill v. WardSupreme Court of Vermont · 1930
- Smith v. MitchellWest Virginia Supreme Court · 1911
- Gordon v. Board of Civil AuthoritySupreme Court of Vermont · 2006
- Appel v. State ex rel. Shutter-CottrellWyoming Supreme Court · 1900
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