Livingston v. Town of Albany
Supreme Court of Vermont
Action op Assumpsit, to recover a town bounty, with general and special counts. Plea, general issue, and trial by j’ury, at the December Term, 1866, SiEELE, J., presiding. On the 18th day of July, 1864, the President called for 500,000 men; the quota assessed on the town of Albany, Vermont, was sixteen men, but as the town had furnished a surplus of five men there were but eleven men .actually due.
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Action op Assumpsit, to recover a town bounty, with general and special counts. Plea, general issue, and trial by j’ury, at the December Term, 1866, SiEELE, J., presiding. On the 18th day of July, 1864, the President called for 500,000 men; the quota assessed on the town of Albany, Vermont, was sixteen men, but as the town had furnished a surplus of five men there were but eleven men .actually due. In a warning for a town meeting, dated the 29th day of July, 1864, to be holden on the 11th day of August, 1864, were the following articles, numbered third and fourth, respectively: “To see if the…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The main question presented for adjudication is, whether the town, by its vote of August 11th, 1864, authorized the payment of a bounty, to the plaintiff. It appears that the plaintiff, on the 5th day of January, 1864, re-enlisted for three years to the credit of the town of Albany, but knowledge of his re-enlistment did not reach the defendant till the last of April, 1864, at which time all quotas assigned to the defendant town, had been filled, and the plaintiff stood as a sui’plus man to the credit of the town. The town, on the 29th day of…
2Cited by4 opinions
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