Legal Opinion

Marshall v. Village of Hardwick

Supreme Court of Vermont

Decided June 21, 1910PublishedCited by 2 opinions

Petition for rehearing in condemnation proceedings. Heard on special demurrer to the petition at the .December Term,'1909, Caledonia County, Stanton, J., presiding. Demurrer overruled and petition adjudged sufficient. The defendant exce*pted. The opinion states the case. The petition is insufficient in that it fails to designate wherein the petitioner is dissatisfied, or wherefore he is entitled to any relief.

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Petition for rehearing in condemnation proceedings. Heard on special demurrer to the petition at the .December Term,'1909, Caledonia County, Stanton, J., presiding. Demurrer overruled and petition adjudged sufficient. The defendant exce*pted. The opinion states the case. The petition is insufficient in that it fails to designate wherein the petitioner is dissatisfied, or wherefore he is entitled to any relief. Culver v. Fair Haven, 67 Yt. .163; Lloyd v. Culver, 67 Yt. 167. This is an appeal from the decision of the trustees. City of Burlington v. C. V. By. Co., 82 Yt. 5. It is a continuation…

1Opinion of the CourtMunson, J.

This is an appeal from condemnation proceedings, had by the trustees of the village of Hardwick under §§2 and 3 of No. 235, Acts of 1904, which authorize the taking of water for fire, sanitary and domestic purposes whenever the convenience of the inhabitants and the public good demands, but provide that the taking shall not be such as to deprive the owner of an amount sufficient for his domestic and agricultural uses. The appeal is authorized by section five of the same act, which provides that when a person is dissatisfied with the award of the trustees he may petition the county court for a…

2Cases cited4 opinions

  1. Cushman & Rankin Co. v. Boston & Maine RailroadSupreme Court of Vermont · 1909
  2. Stearns v. City of BarreSupreme Court of Vermont · 1901
  3. City of Burlington v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
  4. French v. HoltSupreme Court of Vermont · 1881

3Cited by2 opinions

  1. Williams Manufacturing Co. v. Insurance Co. of North AmericaSupreme Court of Vermont · 1911
  2. Eikenberry v. St. Paul & Kansas City Shortline RailroadSupreme Court of Iowa · 1916

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