Panton Turnpike Co. v. Bishop
Supreme Court of Vermont
Trespass for cutting down and removing plaintiff’s gate on their turnpike road in Panton, leading from Ferris’ ferry, in Panton, to the main road in Vergennes, &c. The defendant pleaded the general issue, and a special plea in bar, that the road in question was a common highway, and that he, as a citizen of this state, and as one of the selectmen of said Panton, and in pursuance of a vote of instructions of said town, cut down and removed said gate, &c.
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Trespass for cutting down and removing plaintiff’s gate on their turnpike road in Panton, leading from Ferris’ ferry, in Panton, to the main road in Vergennes, &c. The defendant pleaded the general issue, and a special plea in bar, that the road in question was a common highway, and that he, as a citizen of this state, and as one of the selectmen of said Panton, and in pursuance of a vote of instructions of said town, cut down and removed said gate, &c. The plaintiffs replied, setting forth the act of the legislature, incorporating them with full powers to lay out their turnpike road where…
1Opinion of the Court
The opinion of the court was delivered by
Rejdfield, J.
The question made in regard to the want of evidence of the turnpike inspectors-being sworn, cannot avail. All officers, having general duties assigned them by the statute, if shown to have acted, and to have been recognized as such, are presumed to haye- been regularly appointed, commissioned and sworn. And even special officers, whose appointment is shown, and who have assumed the functions of the appointment — e. g. auditors in actions of account — .will be presumed to have taken the appropriate path. Putnam v. Dutton, 8 Vt. R. 396.
In…
2Cited by9 opinions
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- State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
- State ex rel. Allison v. Hannibal & Ralls County Gravel Road Co.Supreme Court of Missouri · 1897
- Downer v. DanaSupreme Court of Vermont · 1847
- Carter v. ClarkIndiana Supreme Court · 1883
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