Legal Opinion

State v. Bosworth

Supreme Court of Vermont

Decided May 12, 1902PublishedCited by 5 opinions

Complaint for violation of an ordinance of the city of Montpelier, appealed from the municipal court of that city. The respondent’s motion to quash and his demurrer to the complaint having' been overruled, pro forma, he pleaded not guilty. Trial by jury at the March Term, 1901, Washington County, Watson, J., presiding. Verdict guilty. Motion in arrest of judgment overruled. Judgment on verdict, and respondent sentenced to pay a fine to the state. The respondent excepted.

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Complaint for violation of an ordinance of the city of Montpelier, appealed from the municipal court of that city. The respondent’s motion to quash and his demurrer to the complaint having' been overruled, pro forma, he pleaded not guilty. Trial by jury at the March Term, 1901, Washington County, Watson, J., presiding. Verdict guilty. Motion in arrest of judgment overruled. Judgment on verdict, and respondent sentenced to pay a fine to the state. The respondent excepted. The complaint is uncertain in that it does not set forth sufficient facts to show in what respect the respondent has failed…

1Opinion of the CourtStafford, J.

The city of Montpelier is authorized by its charter to make ordinances directing the location and management of all private drains, and compelling their construction under such regulations and inspection as the council may adopt. Acts 1894, No. 166, §§ 21-29; Acts 1896, No. 149, § 2. It has made an ordinance that “all drain and soil pipes when within a building, and for a distance of not less than five feet outside the foundation walls thereof, shall be of iron, with leaded or screwed joints, not less than four inches in diameter, supplied with a running trap, of the same size and diameter as…

2Cases cited3 opinions

  1. State v. SoraganSupreme Court of Vermont · 1867
  2. Village of Winooski v. GokeySupreme Court of Vermont · 1877
  3. State v. CruickshankSupreme Court of Vermont · 1899

3Cited by5 opinions

  1. Hambley v. Town of St. JohnsburySupreme Court of Vermont · 1972
  2. State v. PerkinsSupreme Court of Vermont · 1914
  3. State v. PelletierSupreme Court of Vermont · 1962
  4. State v. SnyderSupreme Court of Vermont · 1963
  5. State v. KaatzSupreme Court of Vermont · 1918

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