Adams v. Newfane
Supreme Court of Vermont
Adams, through whose land a highway had been laid by the selectmen of Newfane, applied to a justice of the peace, according to the statute, to appoint men to appraise the damages occasioned him. The appraisal was made, and it exceeding forty dollars, the proceedings were returned to the county-court, where objections were made and heard on behalf of the town. The county court overruled the objections and established the return, and made order for the payment of the money.
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Adams, through whose land a highway had been laid by the selectmen of Newfane, applied to a justice of the peace, according to the statute, to appoint men to appraise the damages occasioned him. The appraisal was made, and it exceeding forty dollars, the proceedings were returned to the county-court, where objections were made and heard on behalf of the town. The county court overruled the objections and established the return, and made order for the payment of the money. To which proceedings of the county court the town filed exceptions, and the cause, on motion, passed to the supreme court.…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The statute provides the course to be pursued by any one aggrieved by the laying a highway upon his land, without allowing him sufficient therefor. He is to apply by petition to a justice of the peace, who is to notify the selectmen, and proceed1 in a certain way to appoint a committee, who are, on oath, after notice, to make an appraisal of the damages, and make return of the same to the justice, who, if the sum does not exceed forty dollars, and if sufficient cause is not shown to the contrary, is to establish the proceedings, and make…
2Cited by3 opinions
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Horne v. GreenMississippi Supreme Court · 1876
- Lyman v. Town of BurlingtonSupreme Court of Vermont · 1849