Town of Rutland v. Town of West Rutland
Supreme Court of Vermont
General assumpsit. Plea, the general issue with notice. Trial by jury at the September term, 1894, Start, J., presiding. The court submitted no general verdict to the jury, but did submit certain special verdicts. Judgment for the defendant upon these verdicts. The plaintiff excepts. The facts sufficiently appear in the head notes and opinion.
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General assumpsit. Plea, the general issue with notice. Trial by jury at the September term, 1894, Start, J., presiding. The court submitted no general verdict to the jury, but did submit certain special verdicts. Judgment for the defendant upon these verdicts. The plaintiff excepts. The facts sufficiently appear in the head notes and opinion. The plaintiff is concluded, by the report of the commissioners, from recovering in respect to all the indebtedness which was known at the time the commissioners made their award. 1 Her. Est., p. 1416; Squires v. Whiffle, 2 Vt. hi; Hayward v. Clark, 50…
1Opinion of the CourtStart, J.
By No. 138 of the Acts of 1886, the town of West Rutland was created out of territory previously embraced within the limits of the town of Rutland. This act provided that the indebtedness of the original town should be apportioned between the two towns upon the 'basis of the grand list within their respective limits. It was provided that, if the selectmen of the two towns could not agree, the presiding judge of the Rutland County Court should appoint three commissioners to make such apportionment. The selectmen did not agree and commissioners were appointed. The commissioners heard the…
2Cases cited2 opinions
- Barker v. Belknap's EstateSupreme Court of Vermont · 1866
- Robinson v. MorseSupreme Court of Vermont · 1854