Legal Opinion

State ex rel. Allen v. Buchanan

Supreme Court of Vermont

Decided July 1, 1893Published

Information for quo warranto. Heard at the May term, Orleans county, 1893. The case appears in the opinion. The day of the request should be included in the computation of time. Presbrey et al. v. Williams, 15 Mass. 193 ; Glassington et al. v. Rawlins, 3 East 407; Kingv. Ad-derly, Dougl. 463 Norris v. The Hundred of Gautris, 465 ; Pugh v. The Duke of Leeds, Cowp. 714. A delivery to the town clerk was insufficient. There could be no acceptance save by the selectmen.

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Information for quo warranto. Heard at the May term, Orleans county, 1893. The case appears in the opinion. The day of the request should be included in the computation of time. Presbrey et al. v. Williams, 15 Mass. 193 ; Glassington et al. v. Rawlins, 3 East 407; Kingv. Ad-derly, Dougl. 463 Norris v. The Hundred of Gautris, 465 ; Pugh v. The Duke of Leeds, Cowp. 714. A delivery to the town clerk was insufficient. There could be no acceptance save by the selectmen. Robinson v. Robinson’s Exrs., 32 Vt. 738; Denton v. Perry et al., 5 Vt. 382; Murfree Official Bonds, s. 48; 1 Washb. Real Prop.,…

1Opinion of the CourtThompson, J.

The defendant was elected first constable and collector of taxes of Barre at the annual town meeting in March, 1893. He immediately took the oath of office, had the same recorded, and at once entered upon the duties of these offices, and has since continued to exercise them. Pursuant to the requirements of R. L. s. 2,674, the selectmen of Barre, on the 27th day of March, 1893, requested him to give an official bond to the town in the sum of ten thousand dollars, signed by himself and four or five sureties, whose aggregate property above their debts and liabilities should amount to at least…

2Cases cited3 opinions

  1. Palmer's Exr. v. RyanSupreme Court of Vermont · 1891
  2. Town of Weston v. SpragueSupreme Court of Vermont · 1882
  3. Waterman v. ClarkSupreme Court of Vermont · 1886

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