Legal Opinion

Village of Bennington v. Hawks

Supreme Court of Vermont

Decided October 16, 1926PublishedCited by 8 opinions

1Opinion of the Court

Powers, J.:

The jurisdiction of the court of chancery is essentially civil. It will not, as a rule, interfere to prevent the commission of a crime or to enforce penal or criminal laws. The fact, however, that the result will amount to a restraint of crime will not prevent the court from acting when ever other facts afford a basis for the exercise of its jurisdiction on recognized grounds. In other words, criminality neither affords a basis for, nor does it oust the jurisdiction of the court-of chancery. The mere fact, then, that this defendant violated an ordinance of the plaintiff by moving…

2Cases cited10 opinions

  1. Adams v. MichaelCourt of Appeals of Maryland · 1873
  2. Village of St. Johns v. McFarlanMichigan Supreme Court · 1875
  3. Thebaut v. CanovaSupreme Court of Florida · 1867
  4. Shamburger v. ScheurrerCourt of Appeals of Texas · 1917
  5. State Board of Health v. Village of St. JohnsburySupreme Court of Vermont · 1909

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3Cited by8 opinions

  1. Vermont Salvage Corp. v. Village of St. JohnsburySupreme Court of Vermont · 1943
  2. City of Sturgeon v. Wabash Railway Co.Missouri Court of Appeals · 1929
  3. Napro Development Corp. v. Town of BerlinSupreme Court of Vermont · 1977
  4. Anderson v. StateSupreme Court of Vermont · 1998
  5. In re Investigation into Programmatic Adjustments to the Standard-Offer Program (Renewable Energy Vermont, Appellant)Supreme Court of Vermont · 2018

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