Myers v. Town of Pownal
Supreme Court of Vermont
This was a petition for the re-assessment of damages awarded by a committee appointed by the county court to lay out a highway in the town of Pownal. The report of the committee laying out the road was accepted, and the town was ordered to open the road to be worked by a time specified. This petition was not served upon the town within sixty days after that time, but was served within sixty days after the time when the town actually commenced working upon the road.
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This was a petition for the re-assessment of damages awarded by a committee appointed by the county court to lay out a highway in the town of Pownal. The report of the committee laying out the road was accepted, and the town was ordered to open the road to be worked by a time specified. This petition was not served upon the town within sixty days after that time, but was served within sixty days after the time when the town actually commenced working upon the road. At the term at which the petition was entered in the county court a committee was appointed, without objection on the part of the…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
It is not a matter of course to grant a writ *418of certiorari, although 'there may be error in the proceedings of the inferior tribunal, and it was refused in a case in Windsor county, although the court thought the magistrate might have mistaken the law, as no injustice was done. The court should be cautious in reviewing the proceedings of an inferior magistrate, and not be over-wise, or hypercritical.
In the exercise of that discretion, which we always should exercise in cases of this kind, we cannot overlook the consideration that no…
2Cited by2 opinions
- Stevens v. HillSupreme Court of Vermont · 1902
- Chase v. Town of RutlandSupreme Court of Vermont · 1875