Legal Opinion · Dissent

Town of Strafford v. Town of Sharon

Supreme Court of Vermont

Decided October 15, 1888Published

This is a petition of the town of Strafford against the town of Sharon, returnable to the January Term of the Supreme Court for the County of Windsor, 1888. The petition represented that at the May Term of said Court, 1883, the town of Sharon had presented a petition against the town qf Strafford, praying that the said town of Strafford might be required to contribute its just proportion towards the rebuilding and maintenance of the bridge across the White River in said…

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This is a petition of the town of Strafford against the town of Sharon, returnable to the January Term of the Supreme Court for the County of Windsor, 1888. The petition represented that at the May Term of said Court, 1883, the town of Sharon had presented a petition against the town qf Strafford, praying that the said town of Strafford might be required to contribute its just proportion towards the rebuilding and maintenance of the bridge across the White River in said Sharon, and that such proceedings were had in the premises that at the January Term of said Court, 1885, it was ordered that…

1Dissent

Dissenting opinion delivered by

Tart, J.

I am unable to agree with the majority of the Court. It is said that the petitioning town is not entitled to relief, for that R. L. sec. 28 is a bar. If this section has any -application to highway cases, it did not require the aid of sec. 8 of the acts of 1884, which forbade its application to pending •causes, to protect the interests of the petitionee, for the repeal of the general provisions of the statutes, by the terms of section *13228, could not affect a proceeding then had or commenced or a. right accrued. 1 think it does not admit of question, that…

2Cases cited2 opinions

  1. Town of Wardsboro v. Town of JamaicaSupreme Court of Vermont · 1887
  2. Town of Tunbridge v. Town of RoyaltonSupreme Court of Vermont · 1885

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