Town of St. Albans v. National Car Co.
Supreme Court of Vermont
Petition for a writ of mandamus. The petition was dated the 29th day of December, 1882. Chief Judge Royce signed an order directing that the petition should be returned to the Supreme Court of Windsor County on the 22d day of February, 1883; that notice be given to the petitionee by delivering a copy of the petition and order, at least thirty days before the session of court; that answer be made within fifteen days after service; that the testimony should be taken in the…
Read the full summary
Petition for a writ of mandamus. The petition was dated the 29th day of December, 1882. Chief Judge Royce signed an order directing that the petition should be returned to the Supreme Court of Windsor County on the 22d day of February, 1883; that notice be given to the petitionee by delivering a copy of the petition and order, at least thirty days before the session of court; that answer be made within fifteen days after service; that the testimony should be taken in the form of depositions on notice; and also directing when' it should be taken. The petition was verified upon oath before…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The action of Judge Royce in making an order for the return of the petition, and the filing of an answer, was not an adjudication of matters in his own cause. It was of the nature of a ministerial act, in which no right of the judge was passed upon.
The National Car Company was incorporated by the legislature of this State in 1868. The charter was granted subject to the control of future legislation, as the public good might require. In the year 1880, the Legislature passed an act, No. 83, Acts of that year, making the stock in corporations…
2Cases cited9 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
- Tappan v. Merchants' National BankSupreme Court of the United States · 1874
- Shaw v. PeckettSupreme Court of Vermont · 1854
- Johnson v. HowardSupreme Court of Vermont · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Schuylkill Trust Co. v. PennsylvaniaSupreme Court of the United States · 1938
- State v. Clement National BankSupreme Court of Vermont · 1911
- Kingsbury v. ChapinMassachusetts Supreme Judicial Court · 1907
- Street Railroad Co. v. MorrowTennessee Supreme Court · 1889
- Bellows Falls Power Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1915
6 more not listed; retrieve them via the Exa API.