Chase v. Town of Rutland
Supreme Court of Vermont
Petition for laying out a highway in the defendant town. Commissioners were appointed, who decided that the highway ought to be laid out.
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Petition for laying out a highway in the defendant town. Commissioners were appointed, who decided that the highway ought to be laid out. The defendant excepted to their report, “ because the commissioners, or a part of them, were disqualified by reason of being related within the fourth degree of affinity or consanguinity, to one or more of the petitioners who were most active in the prosecution of the petition ; because the commissioners were not disinterested freeholders; because said commissioners were interested in having said highway laid, by reason of their relationship to, and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
By the terms of the statute allowing exceptions in this class of cases, the judgment of the county court is not to be reversed; “ unless the supreme court would have granted a writ of certiorari for the same cause.” Acts of 1872, No. 38, § 2. The granting of the writ of certiorari is, in a large measure, discretionary. Although this court may be satisfied that error has been committed by the county court, it will not grant the writ unless it is satisfied that some substantial injustice has been done by the action of that court to the party…
2Cases cited5 opinions
- West River Bridge Co. v. DixSupreme Court of Vermont · 1844
- Town of Pomfret v. Town of HartfordSupreme Court of Vermont · 1869
- Lyman v. Town of BurlingtonSupreme Court of Vermont · 1849
- Town of Londonderry v. Town of PeruSupreme Court of Vermont · 1873
- Myers v. Town of PownalSupreme Court of Vermont · 1844
3Cited by3 opinions
- Petitions of DavenportSupreme Court of Vermont · 1971
- Gray v. Middletown & PoultneySupreme Court of Vermont · 1884
- Orcutt v. Town of HartlandSupreme Court of Vermont · 1880