Legal Opinion

Towns of Rockingham & Grafton v. Town of Westminster

Supreme Court of Vermont

Decided February 15, 1852PublishedCited by 2 opinions

Petition eor Certiorari. The selectmen of the town of Westminster, petitioned the county court, April term, 1849, setting forth that said town had been required to build and make a bridge across Saxton’s River in said town, and a new piece of road at each end of said bridge, which bridge >and road are evidently for the accommodation of other travel'than the inhabitants of said town of Westminster, and is more especially for the accommodation of the towns of Rockingham,…

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Petition eor Certiorari. The selectmen of the town of Westminster, petitioned the county court, April term, 1849, setting forth that said town had been required to build and make a bridge across Saxton’s River in said town, and a new piece of road at each end of said bridge, which bridge >and road are evidently for the accommodation of other travel'than the inhabitants of said town of Westminster, and is more especially for the accommodation of the towns of Rockingham, Grafton and Athens. And that said town of Westminster would he excessively burdened by building said bridge and road. And…

1Opinion of the Court

The opinion of the court was delivered by

Ishah, J.

The application for the writ of certiorari is addressed to the discretion of the court, and will not usually' be granted unless the substantial justice of the case requires this remedy.

The object of the writ, in this case, is to bring before this court the proceedings of commissioners under the 53d Sec. of the act for laying out and discontinuing highways and bridges, with the decision of the county court thereon, for the purpose of enabling this court to consider and determine upon the exceptions filed to the report.

We learn from the case,…

2Cases cited1 opinion

  1. Town of Brookline v. Town of WestminsterSupreme Court of Vermont · 1832

3Cited by2 opinions

  1. Trustees of Schools of Town 21 N., Range 5 W. v. School Directors of Union DistrictIllinois Supreme Court · 1878
  2. Orcutt v. Town of HartlandSupreme Court of Vermont · 1880

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