Legal Opinion

James v. Town of Starksboro

Supreme Court of Vermont

Decided January 15, 1870PublishedCited by 1 opinion

Assumpsit to recover a town bounty. Plea, the general issue. Trial by jury, December term, 1869, Pierpoint, C. J., presiding.

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Assumpsit to recover a town bounty. Plea, the general issue. Trial by jury, December term, 1869, Pierpoint, C. J., presiding. The plaintiff introduced in evidence a certified copy of “ General Order No. 2,” dated November 2, 1863 ; a certified copy of warning and proceedings of a town meeting in Starksboro, held on the 19th day of December, 1863, by which it appeared that the defendant town, under a proper article in the warning, adopted the resolution set forth in the syllabus above ; also a certified copy of warning and proceedings of a town meeting in Starksboro, held on the 4th day of…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

The warning for the meeting of December 4, 1863, was posted only eleven days previous to the meeting, unless the day of posting it and the day of the meeting both be reckoned. It is conceded that but one of them should be reckoned, and that the proceedings of that meeting are invalid for that reason. The plaintiff’s claim therefore must rest wholly upon the vote passed at the meeting of December 19, 1863, and the proceedings under it.

The effect of this vote was to put the business of enlisting men for the quota of the town, under the call of…

2Cited by1 opinion

  1. Poquet v. Town of North HeroSupreme Court of Vermont · 1871

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