Legal Opinion

Town of Jamaica v. Town of Wardsboro

Supreme Court of Vermont

Decided February 15, 1873PublishedCited by 1 opinion

This was a petition under § 65, ch. 24, of the Gen. Stat. The allegations of the petition are fully stated in the opinion. The defendants moved to dismiss the petition, for reasons apparent upon the face thereof, and because the county court had no jurisdiction to appoint commissioners according to the prayer of the petition. The court, at the September term, 1871, Eoss, J., presiding, dismissed the petition; to which the petitioner excepted.

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This was a petition under § 65, ch. 24, of the Gen. Stat. The allegations of the petition are fully stated in the opinion. The defendants moved to dismiss the petition, for reasons apparent upon the face thereof, and because the county court had no jurisdiction to appoint commissioners according to the prayer of the petition. The court, at the September term, 1871, Eoss, J., presiding, dismissed the petition; to which the petitioner excepted. At this term, the petitioner preferred his petition to this court for a writ of mandamus; and the exceptions and petition were heard together. cited…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

The town of Jamaica brought a petition against the defendant towns, returnable to the September term of Wind-ham county court, 1871, setting forth that on the 4th Tuesday of September, 1848, a highway was laid out.in said town by a committee appointed by the county court; that the report of the committee was accepted, and the town was ordered to make the highway, and that they had made it, and had ever since kept it in repair ; that said highway is mostly used by the inhabitants of the defendant towns, is but little used by the inhabitants of…

2Cases cited1 opinion

  1. Town of Pomfret v. Town of HartfordSupreme Court of Vermont · 1869

3Cited by1 opinion

  1. Town of Jamaica v. Towns of Wardsboro & TownshendSupreme Court of Vermont · 1874

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