Hunneman & Co. v. Fire District No. 1
Supreme Court of Vermont
Book Account. The plaintiffs’ account was for a fire engine and certain other articles charged at $758. with interest from August 1st, 1862, to April 15th, 1863, $17.05, making in the whole $775.05, which was allowed by the auditor subject to the opinion of the court upon the following facts, which were proved: On the 16th day of January, 1856, Benjamin Muzzy and I. P. Kendall, two of the selectmen of the town of Jamaica, pursuant to an application signed by twenty or more…
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Book Account. The plaintiffs’ account was for a fire engine and certain other articles charged at $758. with interest from August 1st, 1862, to April 15th, 1863, $17.05, making in the whole $775.05, which was allowed by the auditor subject to the opinion of the court upon the following facts, which were proved: On the 16th day of January, 1856, Benjamin Muzzy and I. P. Kendall, two of the selectmen of the town of Jamaica, pursuant to an application signed by twenty or more freeholders resident in the village of Jamaica and vicinity, proceeded to set out and establish a fire district in said…
1Opinion of the CourtKellogg, J.
This is an action on book account, and it comes to this court upon exceptions taken by the defendant to the judgment of the county court in favor of the plaintiff on the auditor’s report.
The first question insisted upon by the defendant is a denial of its legal existence as a corporation. No question in respect to the defendant’s legal existence was raised by plea, and we think that, after a judgment to account, it is too late to make any objection to further proceedings in the suit on this ground. The auditor is not the proper tribunal to try the question whether there is such a corporation…
2Cases cited2 opinions
- Moore v. BeattieSupreme Court of Vermont · 1860
- Dix v. School District No. 2Supreme Court of Vermont · 1850
3Cited by8 opinions
- People ex rel. Greenwood v. Board of SupervisorsIllinois Supreme Court · 1888
- New York Central Railroad v. ClarkSupreme Court of Vermont · 1918
- Bureau v. Hooker, Corser & Mitchell Co.Supreme Court of Vermont · 1911
- Nelson v. ColegroveAppellate Court of Illinois · 1932
- State Ex Rel. Haley v. DilworthMontana Supreme Court · 1927
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