Village of Winooski v. Gokey
Supreme Court of Vermont
Case for violation of a village ordinance. The declaration, so far as material to be stated, was as follows : For that whereas, at a meeting of the legal voters of the village of Winooski, legally warned and held in said village, on, &c., the said corporation passed by vote of said, meeting an ordinance in the words and figures following, to wit: “ An ordinance in relation to saloons'. It is hereby ordained by the village of Winooski, as follows : Sec. 1. No person shall…
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Case for violation of a village ordinance. The declaration, so far as material to be stated, was as follows : For that whereas, at a meeting of the legal voters of the village of Winooski, legally warned and held in said village, on, &c., the said corporation passed by vote of said, meeting an ordinance in the words and figures following, to wit: “ An ordinance in relation to saloons'. It is hereby ordained by the village of Winooski, as follows : Sec. 1. No person shall keep a billiard, saloon wherein billiard tables are kept for hire or public use * * until he shall have first obtained a…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The charter of the village of Winooski, which is made a part of the exceptions, is not set forth in the declaration, and is only referred to by stating the date of its approval. If the charter is to be regarded as a public law, the court will, ex officio, take notice of it, and the reference made is all that is required* *285If the charter is tu be regarded as a private law, the court will not, ex officio, take notice of it, and such parts of the charter as are material to the cause of action should be stated in the declaration, and the neglect to…
2Cited by14 opinions
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