Hunter v. Windsor & West Windsor
Supreme Court of Vermont
Trespass on the Case, for the default of a town clerk. The declaration was as follows : “ The towns of Windsor and West Windsor, (formerly constituting a sole town hy the name of Windsor,) in the county of Windsor, are summoned to answer unto David Hunter of Windsor, in the county of Windsor, in a plea of the case, for that heretofore, to wit, at Windsor, in said county of Windsor, from the month of March, A. D, 1835, until the month of March, A. D. 1841, (during which…
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Trespass on the Case, for the default of a town clerk. The declaration was as follows : “ The towns of Windsor and West Windsor, (formerly constituting a sole town hy the name of Windsor,) in the county of Windsor, are summoned to answer unto David Hunter of Windsor, in the county of Windsor, in a plea of the case, for that heretofore, to wit, at Windsor, in said county of Windsor, from the month of March, A. D, 1835, until the month of March, A. D. 1841, (during which period said present towns of Windsor and West Windsor constituted in law only one town, by the name of Windsor,) Edwin…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The questions in the case arise upon a general demurrer to the declaration.
The action is in case upon the statute, in which the. defendants are sought to be charged, in consequence of the negligence and default of the town clerk of Windsor, previous to its division by act of the Legislature in 1848.
The particular matter of default or negligence, of which the # plaintiff complains, is the neglect of the clerk to make and keep an alphabet or index, annexed to the book of records, and referring to such deeds or instruments as are on record…
2Cited by7 opinions
- Bronson v. SyversonWashington Supreme Court · 1915
- Barney v. McCartySupreme Court of Iowa · 1864
- Poplin v. MundellSupreme Court of Kansas · 1882
- Norton v. KumpeSupreme Court of Alabama · 1898
- Town of Bennington v. BoothSupreme Court of Vermont · 1928
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