Atwood v. Town of Lincoln
Supreme Court of Vermont
Assumpsit to recover a town bounty. Plea, general issue and trial by jury. PiERPOiNT, Cb. J., presiding. The plaintiff introduced in evidence the following papers : 1. Copy of order No. 2, from adjutant general’s office, dated Nov. 2,1863. 2. Copy of warning and proceedings of a town meeting holden in Lincoln, on the 12th of December, 1863. The warning was as as follows: 2d Article.
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Assumpsit to recover a town bounty. Plea, general issue and trial by jury. PiERPOiNT, Cb. J., presiding. The plaintiff introduced in evidence the following papers : 1. Copy of order No. 2, from adjutant general’s office, dated Nov. 2,1863. 2. Copy of warning and proceedings of a town meeting holden in Lincoln, on the 12th of December, 1863. The warning was as as follows: 2d Article. To see if the town will vote a tax on the grand list of said town for the year of A. D. 1863, for the purpose of paying a bounty to volunteers who may enlist to fill the quota now called for from this town, to…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action was assumpsit to recover a town bounty.
The warning for the town meeting of December 12th, 1868, did not authorize the town to vote to borrow money. Black v. Col-*335chester, 39 Vt., 193. And tbe vote for that purpose imposed no obligation on .tbe town.
The warning for the town meeting of December 28th did not authorize, nor did the town ,by its vote attempt to confirm and legalize the invalid proceedings of December 12th. The last vote authorized the town to pay a bounty of $50 to each volunteer who should be mustered into the…
2Cases cited3 opinions
- Bucklin v. Town of SudburySupreme Court of Vermont · 1871
- Blush v. Town of ColchesterSupreme Court of Vermont · 1867
- Witherell v. Town of FletcherSupreme Court of Vermont · 1869
3Cited by1 opinion
- Davis v. Town of WindsorSupreme Court of Vermont · 1873