Legal Opinion

Dix v. Town of Dummerston

Supreme Court of Vermont

Decided February 15, 1847PublishedCited by 8 opinions

Debt on an award. The plaintiff alleged, in his declaration, that, certain difficulties having arisen between him and the town, in reference to a claim preferred by him against the town for building a bridge in the highway district for which he was highway surveyor, the town, by their selectmen, and the plaintiff, by writing under seal, October 5, 1844, submitted the same to the arbitrament and final determination of Oscar L. Shafter, an arbitrator mutually chosen by the…

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Debt on an award. The plaintiff alleged, in his declaration, that, certain difficulties having arisen between him and the town, in reference to a claim preferred by him against the town for building a bridge in the highway district for which he was highway surveyor, the town, by their selectmen, and the plaintiff, by writing under seal, October 5, 1844, submitted the same to the arbitrament and final determination of Oscar L. Shafter, an arbitrator mutually chosen by the parties ; that a hearing was duly had, and the arbitrator awarded, that the town should pay to the plaintiff $142,07, and…

1Opinion of the Court

The opinion of the court was delivered by

Hall, J.

The only question made in this case was, whether the *266selectmen of the town, by virtue of their general power as such, had authority to make a submission to arbitrators of a claim of the plaintiff for building a bridge for the town.

In the case of Angel v. Pownal, 3 Vt. 461, and also in Yuran v. Randolph, 6 Vt. 369, it was held, that the selectmen could not, without a vote of the town, release the interest of a witness in a suit, so as to render him competent to testify; and in Middlebury v. Rood, 7 Vt. 125, it was held, that the selectmen, as…

2Cases cited4 opinions

  1. Middlebury, New Haven & Bristol v. RoodSupreme Court of Vermont · 1835
  2. Angel v. Town of PownalSupreme Court of Vermont · 1831
  3. Schoff v. Town of BloomfieldSupreme Court of Vermont · 1836
  4. Yuran v. Inhabitants of RandolphSupreme Court of Vermont · 1834

3Cited by8 opinions

  1. Town of New Haven v. WestonSupreme Court of Vermont · 1913
  2. Danville Board of School Directors v. FifieldSupreme Court of Vermont · 1974
  3. Dist. Twp. of Walnut v. RankinSupreme Court of Iowa · 1886
  4. Miles v. Town of AlbanySupreme Court of Vermont · 1886
  5. First Nat. Bank of North Bennington v. ArlingtonU.S. Circuit Court for the District of Vermont · 1879

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