Legal Opinion

Town of Montpelier v. Town of East Montpelier

Supreme Court of Vermont

Decided November 15, 1856PublishedCited by 41 opinions

Appeal prom the Court of Chancery. The bill was brought by the town of Montpelier and its selectmen, in behalf of themselves and the other inhabitants of said town, against the town of East Montpelier and its selectmen, as properly representing the interests of all the inhabitants of that town.

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Appeal prom the Court of Chancery. The bill was brought by the town of Montpelier and its selectmen, in behalf of themselves and the other inhabitants of said town, against the town of East Montpelier and its selectmen, as properly representing the interests of all the inhabitants of that town. The hill alleged substantially as follows, viz: that the state of Vermont, on the 21st of October, 1780, incorporated and granted a township by the name of Montpelier; and that on the 14th of August, 1781, a charter of said township was issued, and that the said state, by their grant and charter, among…

1Opinion of the Court

The opinion of the court was delivered by

Isham, J.

The general question arises in this case, whether the plaintiffs are entitled, upon the facts admitted, by the demurrer, to the relief prayed for in their bill. In a former case between these parties, 27 Vt. 704, involving the subject matter now in controversy, it was held that the plaintiffs had not that legal interest in the money for which the suit was brought, which would enable them to sustain the action of assumpsit. This bill is now brought in behalf of the inhabitants of Montpelier, for the purpose of having the money in the hands of…

2Cases cited5 opinions

  1. Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
  2. Minot v. CurtisMassachusetts Supreme Judicial Court · 1811
  3. People v. MorrisNew York Supreme Court · 1835
  4. Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1854
  5. Inhabitants of Harrison v. Inhabitants of BridgetonMassachusetts Supreme Judicial Court · 1819

3Cited by41 opinions

  1. Meriwether v. GarrettSupreme Court of the United States · 1880
  2. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  3. City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889
  4. State ex rel. White v. BarkerSupreme Court of Iowa · 1902
  5. Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893

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