Sargent v. Clark
Supreme Court of Vermont
Appeal in Chancery. This is a bill in equity brought by citizens and taxpayers of the town of Pawlet against the selectmen and treasurer thereof, seeking to restrain the payment of expenses incurred by some of its inhabitants in opposing an act of the Legislature constituting a part of the town’s territory into a new town. Pleard on the pleadings and master’s report at the September Term, 1909, Rutland County, Stanton, Chancellor.
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Appeal in Chancery. This is a bill in equity brought by citizens and taxpayers of the town of Pawlet against the selectmen and treasurer thereof, seeking to restrain the payment of expenses incurred by some of its inhabitants in opposing an act of the Legislature constituting a part of the town’s territory into a new town. Pleard on the pleadings and master’s report at the September Term, 1909, Rutland County, Stanton, Chancellor. Decree dismissing the bill with costs to defendants. The orators appealed. It has been uniformly held in the New England States except in Connecticut, that a town…
1Opinion of the CourtRowell, C. J.
The question is whether a town can legally vote money to pay expenses incurred by some of its inhabitants in opposing before the Legislature the passage of a bill favored by other of its inhabitants to constitute a new town of part of its territory and to apportion its assets and liabilities between them.
This depends upon whether the statute authorizes it. If it does, it must be in P. S. 3530, which provides that ‘ a town shall vote such sums of money as it deems necessary for the support of schools in the town school district, for laying out and repairing highways, for the prosecution and…
2Cases cited9 opinions
- Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1856
- Minot v. Inhabitants of West RoxburyMassachusetts Supreme Judicial Court · 1873
- Coolidge v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1874
- Farrel v. Town of DerbySupreme Court of Connecticut · 1889
- Inhabitants of Westbrook v. Inhabitants of DeeringSupreme Judicial Court of Maine · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
- Conn v. Middlebury Union High School District 3Supreme Court of Vermont · 1994
- Magwire v. Village of SpringfieldSupreme Court of Vermont · 1941
- Gibson & Waterman v. Town of VernonSupreme Court of Vermont · 1916
2 more not listed; retrieve them via the Exa API.