Legal Opinion

State ex rel. Lamb v. Gillilan

Supreme Court of Vermont

Decided March 14, 1910Published

Petition for a writ of certiorari, brought to the Supreme Court for Franklin County at its February Term, 1910, and then heard on respondent’s motion to dismiss the proceeding. The opinion states the case. Certiorari is often resorted to in this State to review the proceedings of boards or commissioners in laying out highways. Paine v. Leicester, 22 Yt. 44; Rockingham & Grafton v. Westminster, 24 Yt. 288; Woodstock y.

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Petition for a writ of certiorari, brought to the Supreme Court for Franklin County at its February Term, 1910, and then heard on respondent’s motion to dismiss the proceeding. The opinion states the case. Certiorari is often resorted to in this State to review the proceedings of boards or commissioners in laying out highways. Paine v. Leicester, 22 Yt. 44; Rockingham & Grafton v. Westminster, 24 Yt. 288; Woodstock y. Gallup, 28 Yt. 587; Adams v. New fane, 8 Yt. 271. It has been held in other states that certiorari lies to review the proceedings of boards of license commissioners granting and…

1Opinion of the CourtWatson, J.

This is a petition in the name of the State, prosecuted by the relator A. J. Lamb, for a certiorari directed to the majority of the board of license commissioners in the town of Fletcher to bring up for review the record of their proceedings in granting a license to S. N. Gibbs to sell intoxicating liquors on premises owned and occupied by him in that section of the town known as Binghamville. As -to Gibbs being properly made a codefendant because of his interest in maintaining the proceeding here sought to be reviewed no question is raised.

The return shows that the license was granted by a…

2Cases cited16 opinions

  1. State v. GerhardtIndiana Supreme Court · 1896
  2. Davis v. County CommissionersMassachusetts Supreme Judicial Court · 1891
  3. Hammond v. County CommissionersMassachusetts Supreme Judicial Court · 1891
  4. Darling v. BoeschSupreme Court of Iowa · 1885
  5. Colden v. BottsNew York Supreme Court · 1834

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