Trustees of the Caledonia County Grammar School v. Burt
Supreme Court of Vermont
Ejectment, to recover fifty acres of land in the town of Lyndon'. Pica, not. guilty, and trial by jury. Upon the trial in the county court the plaintiffs gave in evidence a copy of an act passed October 27, 1795, entitled “ An act establishing the county grammar school of the county of Caledonia, in the town of Peacham.’^..
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Ejectment, to recover fifty acres of land in the town of Lyndon'. Pica, not. guilty, and trial by jury. Upon the trial in the county court the plaintiffs gave in evidence a copy of an act passed October 27, 1795, entitled “ An act establishing the county grammar school of the county of Caledonia, in the town of Peacham.’^.. The preamble to the act is as follows: “ Whereas, it appears to this assembly that the town of “ Peacham, in the county of Caledonia, is conveniently situ- “ ated as the place for the county grammar school in said “ county;— “ And whereas, the inhabitants of said town of…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, J.
The most delicate and most important duty ever to be discharged by. the judiciary, is to pronounce upon the validity of an act of the legislature; a co-ordinate branch of the government. While it is clear that such may *638be its duty, yet it is generally clear that no act should be pronounced unconstitutional and void, upon any considerations • of its impolicy or inexpediency, nor from any mere speculative, fanciful or doubtful incongruity with the constitution, but only on the most clear and unquestionable grounds.
In the present case both…
2Cases cited4 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
3Cited by7 opinions
- Trustees of Caledonia County Grammar School v. HowardSupreme Court of Vermont · 1910
- Trustees of Caledonia County Grammar School v. KentSupreme Court of Vermont · 1912
- White v. FullerSupreme Court of Vermont · 1865
- Jones v. Vermont Asbestos Corp.Supreme Court of Vermont · 1936
- Union Co-Operative Store v. FumagalliSupreme Court of Vermont · 1935
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