Lindsay v. City of Newport

Supreme Court of Vermont

Lindsay v. City of Newport

192 A. 21, 109 Vt. 52, 1937 Vt. LEXIS 114

CourtSupreme Court of Vermont

DecidedMay 4, 1937

StatusPublished

Cited by1 cases

This text of 192 A. 21 (Lindsay v. City of Newport) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lindsay v. City of Newport, 192 A. 21, 109 Vt. 52, 1937 Vt. LEXIS 114 (Vt. 1937).

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Opinion

Moulton, J.

If the plaintiff has a valid claim against the municipality for services performed, disbursements made, or obligations incurred by him as city clerk and treasurer and *53 clerk of the city council, or by reason of any improper interference by the city council with his rights and duties as such, he has an adequate remedy in a court of law, although he cannot expect to recover upon separate rights of action in contract and tort combined in one and the same proceeding, as he has attempted to do in his bill of equity. Ware v. Estabrooks, 73 Vt. 92, 94, 50 Atl. 543; Dean v. Cass, 73 Vt. 314, 315, 50 Atl. 1085. The demurrer was properly sustained. Jones v. Stearns, Admr., 97 Vt. 37, 44, 122 Atl. 116, 31 A. L. R. 653; Holman v. Randolph National Bank, 98 Vt. 66, 75, 76, 126 Atl. 500.

Decree affirmed and cause remanded with leave to the plaintiff to apply for a transfer to a court of law, if he be so advised.

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Moulton, J.

If the plaintiff has a valid claim against the municipality for services performed, disbursements made, or obligations incurred by him as city clerk and treasurer and *53 clerk of the city council, or by reason of any improper interference by the city council with his rights and duties as such, he has an adequate remedy in a court of law, although he cannot expect to recover upon separate rights of action in contract and tort combined in one and the same proceeding, as he has attempted to do in his bill of equity. Ware v. Estabrooks, 73 Vt. 92, 94, 50 Atl. 543; Dean v. Cass, 73 Vt. 314, 315, 50 Atl. 1085. The demurrer was properly sustained. Jones v. Stearns, Admr., 97 Vt. 37, 44, 122 Atl. 116, 31 A. L. R. 653; Holman v. Randolph National Bank, 98 Vt. 66, 75, 76, 126 Atl. 500.

Decree affirmed and cause remanded with leave to the plaintiff to apply for a transfer to a court of law, if he be so advised.

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Bluebook (online)

192 A. 21, 109 Vt. 52, 1937 Vt. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsay-v-city-of-newport-vt-1937.

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