Seymour v. Town of Marlboro
Supreme Court of Vermont
This was an action of assumpsit — general and special counts — to recover $300. bounty. Plea, general issue and special plea. Trial by jury, September Term, 1867, Barrett, J., presiding. It was conceded that the President of the United States issued his proclamation on the 17th day of October, 1863, calling for 300,000 men to serve as volunteers in the. army of the United States.
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This was an action of assumpsit — general and special counts — to recover $300. bounty. Plea, general issue and special plea. Trial by jury, September Term, 1867, Barrett, J., presiding. It was conceded that the President of the United States issued his proclamation on the 17th day of October, 1863, calling for 300,000 men to serve as volunteers in the. army of the United States. It was also conceded-that the governor of Vermont issued his order No. 2, assigning the quotas of the several towns under said call, and appointing the selectmen of the several towns in this state recruiting…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
The grounds of exception in this cause are, that the county court refused to direct a verdict for the defendant, but directed the jury to return a verdict for the plaintiff.
*177The plaintiff claims that the decision of the county court is correct, and that he is entitled to recover by virtue of the vote of the defendant town, of the 5th of December, A. D. 1863, by which it appears that the town voted to pay three hundred dollars to such volunteers as should enlist and bo mustered into the United States service to fill the quota of the town, under…
2Cases cited1 opinion
- Boothe v. FitzpatrickSupreme Court of Vermont · 1864
3Cited by7 opinions
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- Laughton v. Town of PutneySupreme Court of Vermont · 1871
- Davis v. Town of WindsorSupreme Court of Vermont · 1873
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