Davis v. Town of St. Albans
Supreme Court of Vermont
Assumpsit to recover a town bounty. Plea, the general issue, and trial by jury, September, term, 1869, Wilson, J., presiding. The declaration contained a special count upon a vote of the defendant town, passed December 2, 1863, and also the general , counts.
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Assumpsit to recover a town bounty. Plea, the general issue, and trial by jury, September, term, 1869, Wilson, J., presiding. The declaration contained a special count upon a vote of the defendant town, passed December 2, 1863, and also the general , counts. The plaintiff introduced general order No. 2, from the adjutant general’s office of Vermont, dated November 2, 1863, from which it appeared that on the said 2d day of November the quota of the defendant town, under the call of October 17, 1863, was forty-sis men, and that there was a deficiency at that date against said town under the…
1Opinion of the Court
*589The opinion of the court was delivered by
Barrett, J.
The special count is on the vote of December 28,1863, to pay $300 bounty “ to volunteers for the purpose of filling the call for forty-six men required by the government for 300,000.” The selectmen by their own exertions procured said forty-six men, the last twelve of whom were enlisted and sent forward from St. Albans on the 4th, and were mustered in at Brattleboro on the 5th of January under the personal superintendence of one of the selectmen. The plaintiff did not enlist on the application of the selectmen, nor had he made himself…
2Cited by5 opinions
- Fitzsimons v. Richardson, Twigg & Co.Supreme Court of Vermont · 1912
- Woodsville Guaranty Savings Bank v. RogersSupreme Court of Vermont · 1909
- Robinson v. LarabeeSupreme Court of Vermont · 1886
- Hayes v. KlugeSupreme Court of New Jersey · 1914
- Powers v. Rutland RailroadSupreme Court of Vermont · 1914