Walter v. Belding
Supreme Court of Vermont
This was a petition, in the name of the town agent of East Haven, alledging that the defendant and certain others, had usurped the town offices, and having made a partition of them among themselves, were then exercising them without law or right, praying for a writ of quo warranto, or mandamus, or other appropriate remedy.
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This was a petition, in the name of the town agent of East Haven, alledging that the defendant and certain others, had usurped the town offices, and having made a partition of them among themselves, were then exercising them without law or right, praying for a writ of quo warranto, or mandamus, or other appropriate remedy. The court, in vocation, granted a rule, to show cause, which being served upon the defendants reasonable time before the term, a hearing was had upon the evidence. The facts substantially were, that the annual town meeting was warned on the 8 th of March, 1852, and after…
1Opinion of the Court
Bt the Court, Red field, J.
We think the meeting was not properly adjourned on the 8th of March, consequently Horace L. Walter is the legal town clerk of East Haven, and it is proper the town books should be speedily restored to his custody, for the purpose of enabling him to make legal records affecting the title of lands, as well as for other purposes. The form of the proceeding is not probably such, as would commend itself altogether to an English Attorney General, as an information for a writ in the nature of a quo warranto. But as a mere rule to show cause why some appropriate remedy…
2Cited by8 opinions
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- Ewing v. TurnerSupreme Court of Oklahoma · 1894
- Eberle v. KingSupreme Court of Oklahoma · 1908
- State ex rel. Cooper County v. TrentSupreme Court of Missouri · 1875
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