Village of St. Johnsbury v. Thompson
Supreme Court of Vermont
ActioN of debt to recover a penalty. Plea, nil debet. Trial by jury, June Term, 1885, Boss, J., presiding. Verdict ordered for the plaintiff for $10. The case appears in the opinion. The evidence did not warrant the court in ordering a verdict. The trustees could regulate the use of victualing-shops; but they could not prohibit the exercise of an honest, lawful trade or calling under the pretense of regulating the use of such shops.
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ActioN of debt to recover a penalty. Plea, nil debet. Trial by jury, June Term, 1885, Boss, J., presiding. Verdict ordered for the plaintiff for $10. The case appears in the opinion. The evidence did not warrant the court in ordering a verdict. The trustees could regulate the use of victualing-shops; but they could not prohibit the exercise of an honest, lawful trade or calling under the pretense of regulating the use of such shops. It was a question of fact whether the defendant kept the shop. It cannot well be claimed, as a matter of law, that a revocation in terms of a license never…
1Opinion of the Court
The opinion of the court was delivered by
Walker, J.
This is an action of debt to recover a penalty of ten dollars, imposed by a by-law of the village of St. Johns-bury, for keeping a victualing-shop in that village .without a license from the trustees. The County Court directed a verdict upon the evidence for the plaintiff’, for ten dollars and costs.
No question is made as to the organization of the village under, the charter, nor as to the adoption of the by-law upon which the action is founded ; but it is contended by the defendant that the by-law is invalid: 1st. Because it is in conflict…
2Cases cited13 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- State v. ClarkeSupreme Court of Missouri · 1873
- Daviess v. FairbairnSupreme Court of the United States · 1845
- City of Brooklyn v. . BreslinNew York Court of Appeals · 1874
- Mark v. . the StateNew York Court of Appeals · 1885
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3Cited by28 opinions
- City of Jacksonville v. BowdenSupreme Court of Florida · 1914
- City of Jacksonville v. LedwithSupreme Court of Florida · 1890
- Spaulding v. Mutual Life InsuranceSupreme Court of Vermont · 1920
- State v. OrlandiSupreme Court of Vermont · 1934
- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
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