Legal Opinion
Makela v. State
Supreme Court of Vermont
Decided December 17, 1964No. 1231PublishedCited by 6 opinions
1Opinion of the CourtShangraw, J.
Acting under 12 V.S.A. §2386 the defendant seeks the answer to two questions of law certified by the Windsor County Court. The questions arise from the court’s denial of the defendant’s motion to dismiss the plaintiffs’ action. The motion to dismiss is based on two grounds: (1) The issues raised in the plaintiffs’ complaint are res judicata; (2) Defendant, being the sovereign State of Vermont, is immune from suit.
The motion presented is equivalent to a demurrer. Only the facts alleged in the complaint are before us. For the purpose of the motion, those allegations must be accepted as true.…
2Cases cited12 opinions
- Keown v. HughesCourt of Appeals for the First Circuit · 1920
- Ragali v. HolmesSupreme Court of Connecticut · 1930
- Trapeni v. WalkerSupreme Court of Vermont · 1958
- Penna v. State Highway BoardSupreme Court of Vermont · 1961
- Sanborn v. Village of Enosburg FallsSupreme Court of Vermont · 1914
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3Cited by6 opinions
- Avery v. BenderSupreme Court of Vermont · 1967
- Ford v. FranklinSupreme Court of Vermont · 1971
- Timms v. StateSupreme Court of Vermont · 1981
- Nesti v. Vermont Agency of Transp.Vermont Superior Court · 2019
- Thorburn v. State Highway BoardSupreme Court of Vermont · 1971
1 more not listed; retrieve them via the Exa API.