Sowles v. Village of St. Albans
Supreme Court of Vermont
Petition in the nature of an appeal from an assessment by the trustees of the village of St. Albans against an abutting owner for the construction of a sewer. Heard on the commissioners’ report, at the September term, 1898, Franklin county, Tyler, J., presiding. Petition dismissed and judgment for the petitionee to recover the assessment and costs. The petitioner excepted.
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Petition in the nature of an appeal from an assessment by the trustees of the village of St. Albans against an abutting owner for the construction of a sewer. Heard on the commissioners’ report, at the September term, 1898, Franklin county, Tyler, J., presiding. Petition dismissed and judgment for the petitionee to recover the assessment and costs. The petitioner excepted. The village of St. Albans upon a petition of the freeholders and voters of the village constructed a sewer on Weldon, Edward and Russell streets in said village. The Weldon street sewer extended from Stevens’s brook on the…
1Opinion of the CourtThompson, J.
It is not necessary to decide whether the petitioner is estopped from denying that she is the owner of the land in question, by the allegation in her petition that she is the owner thereof. If the judgment of the *420county court can be fairly sustained by any inference of fact it might have drawn from the commissioners’ report, it is to be presumed in this court, that the county court based its judgment on such inference. Russell v. Davis, 69 Vt. 275, and cases there cited. From the facts reported by the commissioners and the allegation of ownership in the petition,' the county court must have…
2Cases cited1 opinion
- Russell v. DavisSupreme Court of Vermont · 1896
3Cited by6 opinions
- Barber v. BaileySupreme Court of Vermont · 1912
- Whitehead v. WhiteheadSupreme Court of Vermont · 1911
- Durkee v. City of BarreSupreme Court of Vermont · 1909
- Wolcott v. MongeonSupreme Court of Vermont · 1914
- Pitkin's Admrs. v. City of MontpelierSupreme Court of Vermont · 1912
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