Lamoille Valley Railroad v. Selectmen & Treasurer of the Town of Fairfield
Supreme Court of Vermont
Petition for Mandamus to compel the petitionees to make and issue to the petitioner bonds of the town of Fairfield to the amount of $40,000, in payment for stock to that amount in the petitionee’s railroad, subscribed for by the commissioners of said town, in pursuance of an act of the Legislature, approved November 12, 1867, to enable said town, among others, to make such subscription in aid of the construction of said road.
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Petition for Mandamus to compel the petitionees to make and issue to the petitioner bonds of the town of Fairfield to the amount of $40,000, in payment for stock to that amount in the petitionee’s railroad, subscribed for by the commissioners of said town, in pursuance of an act of the Legislature, approved November 12, 1867, to enable said town, among others, to make such subscription in aid of the construction of said road. The act provided that the subscription might be made when the assent thereto in writing of a majority of the persons paying taxes, both in number and amount of grand…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The petition in this case asks that a peremptory writ of mandamus may be issued by this court, directed to the defendants as selectmen and treasurer of the town of Fairfield, commanding them, as such selectmen and treasurer, to issue the bonds or notes of said town for the amount of $40,000, and deliver them to the relator. It is not necessary to notice any of the allegations in the petition upon which the relator predicates his right to the writ, except the one in which he alleges that the instrument of assent which was required by the…
2Cases cited8 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Township of East Oakland v. SkinnerSupreme Court of the United States · 1877
- Ryan v. LynchIllinois Supreme Court · 1873
- Bigelow v. TopliffSupreme Court of Vermont · 1853
- Jarvis v. AikensSupreme Court of Vermont · 1853
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