Legal Opinion

Lyman v. Town of Burlington

Supreme Court of Vermont

Decided December 15, 1849PublishedCited by 4 opinions

The first of these cases was a petition to a justice of the peace, pursuant to the statute, to appoint commissioners to appraise the damages sustained by the petitioner, Lyman, by reason of a highway being laid out across his land by the selectmen of Burlington; and the damages being appraised at more than forty dollars, the report of the commissioners was returned to the county court.

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The first of these cases was a petition to a justice of the peace, pursuant to the statute, to appoint commissioners to appraise the damages sustained by the petitioner, Lyman, by reason of a highway being laid out across his land by the selectmen of Burlington; and the damages being appraised at more than forty dollars, the report of the commissioners was returned to the county court. The second case was an application to the supreme court, by the town of Burlington, for a writ of certiorari, to vacate the proceedings of the county court in accepting the report made by the commissioners. The…

1Opinion of the Court

*133The opinion of the court was delivered by

Kellogg, J.

The town of Burlington having, by their selectmen, laid a highway over land of Mr. Lyman, and the selectmen having refused to award him damages for the same, Lyman applied to a magistrate in an adjacent town and procured the appointment of commissioners to appraise his damages. The commissioners appraised his damages, and, the same being more than forty dollars, made return of their doings to the term of the county court next after their appointment; and objections being made by the town of Burlington to the acceptance of the report, the…

2Cases cited2 opinions

  1. Adams v. NewfaneSupreme Court of Vermont · 1836
  2. Fairfield v. HallSupreme Court of Vermont · 1836

3Cited by4 opinions

  1. Gray v. Middletown & PoultneySupreme Court of Vermont · 1884
  2. Dyson v. BakerMississippi Supreme Court · 1876
  3. Town of Londonderry v. Town of PeruSupreme Court of Vermont · 1873
  4. Chase v. Town of RutlandSupreme Court of Vermont · 1875

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