Town of Westminster v. Willard
Supreme Court of Vermont
Bill to enjoin the prosecution of a suit at law. Heard upon the pleadings, and a master’s report at the September term,. 1892. MtjNSON, chancellor, decreed that the defendant Willard be perpetually enjoined from prosecuting his suit against the orator, and that the orator recover its costs. The defendants appeal. Nov. 19, 1888, the town of Westminster, the orator in this-suit, voted to appropriate $3,500 to build and furnish a town bouse upon a designated site.
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Bill to enjoin the prosecution of a suit at law. Heard upon the pleadings, and a master’s report at the September term,. 1892. MtjNSON, chancellor, decreed that the defendant Willard be perpetually enjoined from prosecuting his suit against the orator, and that the orator recover its costs. The defendants appeal. Nov. 19, 1888, the town of Westminster, the orator in this-suit, voted to appropriate $3,500 to build and furnish a town bouse upon a designated site. A committee had been previously elected to procure plans and superintend the erection of the building. A number of the inhabitants of…
1Opinion of the Court
The opinion of the court was delivered by
ROWELL, J.
The defendants demurred in their answer for want of equity and for that the orator had an adequate remedy at law. The demurrer was seasonably brought on for hearing, when it was overruled, the bill adjudged sufficient, and an injunction ordered to issue, restraining the further prosecution of the defendant Willard’s suit at law. Thereupon a special master was appointed, and the case proceeded to hearing before him on the merits, and on the coming in of his report a decree was entered for the orator, making perpetual the preliminary…
2Cases cited1 opinion
- Barrett v. SargeantSupreme Court of Vermont · 1846
3Cited by5 opinions
- White River Savings Bank v. Capital Savings Bank & Trust Co.Supreme Court of Vermont · 1904
- Wilder's Exr. v. WilderSupreme Court of Vermont · 1909
- O'Rourke v. ClearySupreme Court of Vermont · 1932
- State v. MasseySupreme Court of Vermont · 1900
- Fairbanks's Admr. v. KeiserSupreme Court of Vermont · 1912