Paine v. Town of Leicester
Supreme Court of Vermont
Petition for writ of certiorari. The selectmen of Leicester, on the twenty fifth day of January, 1848, caused a survey of a cross road, or lane, as a pent road, across the land of the petitioner and of John Bullock, to be made and recorded, in which they stated, that, having given notice to the land owners, and having viewed the premises, they judged, “ that the public good and the wants and necessities of individuals required such a road ; and they set forth the termini,…
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Petition for writ of certiorari. The selectmen of Leicester, on the twenty fifth day of January, 1848, caused a survey of a cross road, or lane, as a pent road, across the land of the petitioner and of John Bullock, to be made and recorded, in which they stated, that, having given notice to the land owners, and having viewed the premises, they judged, “ that the public good and the wants and necessities of individuals required such a road ; and they set forth the termini, courses apd distances of the centre line, the road to be one and an half rods wide, and directed the erection of gates, or…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
It is perhaps hardly necessary to go very fully into an examination of all the questions raised in the discussion of this case at the bar. But such cases are somewhat unfrequent in our practice, and confined within far narrower limits, than in the English practice. Oné cannot fail to perceive, that in the English courts of chancery, King’s Bench and common pleas the remedy by writ of certiorari is very extensive. Its m'ore general use is, to bring up a judicial proceeding from an inferior court, at some stage anterior to the judgment. It…
2Cited by17 opinions
- State v. ForteSupreme Court of Vermont · 1993
- City of St. Albans v. AverySupreme Court of Vermont · 1921
- Williams v. School District No. 6Supreme Court of Vermont · 1860
- Hunt v. Village of BristolSupreme Court of Vermont · 1992
- State v. ForteSupreme Court of Vermont · 1990
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