Town of Bennington v. Smith
Supreme Court of Vermont
PetitioN poe a CERTIORARI. The defendants, in 1855, petitioned to the selectmen of Bennington to lay a highway between certain specified termini in the village of Bennington, and upon the neglect and refusal of the selectmen to do so, they petitioned the county court at the December Term, 1855, to appoint commissioners to lay it.
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PetitioN poe a CERTIORARI. The defendants, in 1855, petitioned to the selectmen of Bennington to lay a highway between certain specified termini in the village of Bennington, and upon the neglect and refusal of the selectmen to do so, they petitioned the county court at the December Term, 1855, to appoint commissioners to lay it. The town of Bennington appeared and moved that the said petition be dismissed “ for want of jurisdiction of the selectmen of said town of Bennington in and over the subject matter mentioned and described in said petition, as well as a want of jurisdiction of the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This is a motion for certiorari for the purpose *256of quashing the proceedings of the county court in establishing a highway in the village of Bennington,'where proceedings were first taken before the selectmen of the town, on the ground that the statute incorporating the village has given the exclusive jurisdiction of this subject, in the first instance, to the-trustees of the village.
The fourth section of the act of incorporation of the village gives the trustees of the corporation power to expend two-thirds of the highway tax assessed…
2Cited by4 opinions
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- In re SnellSupreme Court of Vermont · 1885
- Blocker v. StateMississippi Supreme Court · 1895
- Landon v. Village of RutlandSupreme Court of Vermont · 1869