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MARCHAND v. PROBATE COURT FOR DISTRICT OF ADDISON

No. 54.

186 A.2d 85 (1962)

Roger MARCHAND v. PROBATE COURT FOR the DISTRICT OF ADDISON, Stuart Witherell, Judge et al.

Supreme Court of Vermont. Addison.

November 7, 1962.

Attorney(s) appearing for the Case

Gerard Trudeau, Middlebury, for plaintiff.

Lisman & Lisman, Burlington, for Addison Probate Court.

Conley & Foote, Middlebury, for John F. Benjamin, Jr.

William S. Burrage, Middlebury, for Selectmen and Overseer of the Poor of town of Middlebury.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

HULBURD, Chief Justice.

The petitioner comes to us seeking a writ of prohibition as provided for by 12 V.S.A. § 4041 et seq. The petitionees have met this application with a motion to dismiss. For the purposes of considering this motion, it is necessary that we assume that the facts are as the petitioner has alleged them to be. We turn to them, therefore, to learn what basis, if any, there may be for the issuance of the writ.

The petitioner states that...

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