Stevens v. Hill
Supreme Court of Vermont
Petition for writ of certiorari. Heard on petition and answer. The defendants constituted the Board of Medical Censors of the Vermont State Eclectic Medical Society. The board of censors having granted the petitioner a license, could not revoke the same without some competent evidence that it had been obtained by fraud. 40 Am. Rep., notes, 35; Spelling’s Ex. Relief s. 2023. The defendants’ answer falls short of showing competent evidence o.f such fact.
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Petition for writ of certiorari. Heard on petition and answer. The defendants constituted the Board of Medical Censors of the Vermont State Eclectic Medical Society. The board of censors having granted the petitioner a license, could not revoke the same without some competent evidence that it had been obtained by fraud. 40 Am. Rep., notes, 35; Spelling’s Ex. Relief s. 2023. The defendants’ answer falls short of showing competent evidence o.f such fact. The affidavit relied upon by the board was taken without notice to the petitioner. This petition is addressed to the discretion of the court,…
1Opinion of the CourtStanford, J.
The law of such cases is well enough settled by our own decisions.
A petition for a writ of certiorari is addressed to the sound discretion of the court, and when it is founded upon some informality or irregularity, merely, and no injustice has been done, the writ will be refused. Myers v. Pownal, 16 Vt. 415; Paine v. Leicester, 22 Vt. 44; Lyman v. Burlington, Id. 131; Londonderry v. Peru, 45 Vt. 424; Hancock v. Worcester, 62 Vt. 106, 18 Atl. 1041.
So the practice is to hear the merits of the case upon the petition for the writ. Walbridge v. Walbridge, 46 Vt. 617.
The writ does not lie for the…
2Cases cited6 opinions
- Paine v. Town of LeicesterSupreme Court of Vermont · 1849
- Sowles v. BaileySupreme Court of Vermont · 1897
- Hancock v. Town of WorcesterSupreme Court of Vermont · 1889
- Town of Londonderry v. Town of PeruSupreme Court of Vermont · 1873
- Walbridge v. WalbridgeSupreme Court of Vermont · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Davidson v. WhitehillSupreme Court of Vermont · 1914
- City of St. Albans v. AverySupreme Court of Vermont · 1921
- Bolles v. City of MontpelierSupreme Court of Vermont · 1920
- State v. WersebeSupreme Court of Vermont · 1936