Legal Opinion

Hickok v. Town of Shelburne

Supreme Court of Vermont

Decided November 15, 1868PublishedCited by 3 opinions

General Assumpsit in tbe common counts, for work and labor, money bad and received, money lent, money paid, etc. Plea, tbe general issue, and trial by jury, April term, 1867, Chittenden county, Pierpoint, C. J., presiding.

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General Assumpsit in tbe common counts, for work and labor, money bad and received, money lent, money paid, etc. Plea, tbe general issue, and trial by jury, April term, 1867, Chittenden county, Pierpoint, C. J., presiding. Tbe plaintiff offered in evidence certified copies of tbe records of said town, containing tbe warning and proceedings of a meeting held July 26,1864, under said warning, and of what purported to be an adjourned meeting held August 8,1864; also tbe records of a warning, and meeting held under that warning, August 22, 1864. To tbe admission of these records tbe defendants…

1Opinion of the Court

The opinion of the court was delivered by

Peout, J.

The result of this cause in this court depends mainly, independent of the question as to the sufficiency of the-*415declaration, upon the construction of the act of 1862, (No. 38). Were tbe controversy between the substitute furnished by the plaintiff and the town, the enlistment, credit and application upon its assigned quota, and vote of July 25, 1864, upon the authority of repeated decisions, would fix the liability of the town, and it could not be avoided. Seymour v. Marlboro, 40 Vt., 171; Cox v. Mt. Tabor, decided at the last term of this…

2Cases cited5 opinions

  1. Hutchinson v. PrattSupreme Court of Vermont · 1839
  2. Seymour v. Town of MarlboroSupreme Court of Vermont · 1868
  3. Alger v. CurrySupreme Court of Vermont · 1868
  4. Worcester v. BallardSupreme Court of Vermont · 1865
  5. Kittredge v. Town of WaldenSupreme Court of Vermont · 1867

3Cited by3 opinions

  1. Walsh v. FarringtonSupreme Court of Vermont · 1933
  2. Laughton v. Town of PutneySupreme Court of Vermont · 1871
  3. Rogers v. Town of ShelburneSupreme Court of Vermont · 1870

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