Wood v. Town of Springfield
Supreme Court of Vermont
Assumpsit to recover town bounty; Plea, non assumpsit, and statute of limitations, and notice of special matter of defense. Replication and rejoinder. Trial by the court, December term, 1870, Barrett, J., presiding. The parties gave in evidence an agreed statement of facts, and the record of several warnings and votes of the town of Springfield.
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Assumpsit to recover town bounty; Plea, non assumpsit, and statute of limitations, and notice of special matter of defense. Replication and rejoinder. Trial by the court, December term, 1870, Barrett, J., presiding. The parties gave in evidence an agreed statement of facts, and the record of several warnings and votes of the town of Springfield. At the town meeting of November 25, 1868, it was “voted to pay a bounty of three hundred dollars to such volunteers as shall enlist and be mustered in under the last call of the President, if they shall enlist before the first day of January next.” At…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The declaration in this case contains three 'special counts and the common, counts in assumpsit. The first special count sets forth a contract on the 25th day of November, 1868, to pay three hundred dollars to each person who'should enlist and be mustered into the military service of the United States to the credit of the defendant under, the call of October 17, 1868, before the first day of January, 1864, and that the plaintiff did so enlist and be mustered on the 21st day of December, 1863 ; the second special count sets forth a contract…
2Cases cited5 opinions
- Cox v. Town of Mount TaborSupreme Court of Vermont · 1868
- Perkins v. BurbankMassachusetts Supreme Judicial Court · 1806
- Gale v. Town of JamaicaSupreme Court of Vermont · 1867
- Pratt v. BattlesSupreme Court of Vermont · 1861
- Ripley v. ChipmanSupreme Court of Vermont · 1841