Legal Opinion

Allen v. City of Burlington

Supreme Court of Vermont

Decided January 15, 1873PublishedCited by 12 opinions

General assumpsit. Plea, the general issue, and trial by the court, September term, 1872, Pierpoint, Oh. J., presiding. The plaintiff introduced in evidence the record of the proceedings of the board of aldermen of the city of Burlington, at a meeting thereof held on the 31st of May, 1869, at which were assessed the several' taxes named in the city treasurer’s receipt set out in the opinion.

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General assumpsit. Plea, the general issue, and trial by the court, September term, 1872, Pierpoint, Oh. J., presiding. The plaintiff introduced in evidence the record of the proceedings of the board of aldermen of the city of Burlington, at a meeting thereof held on the 31st of May, 1869, at which were assessed the several' taxes named in the city treasurer’s receipt set out in the opinion. The “ sinking fund tax,” named in said receipt, was assessed under and by virtue of a resolution hereinafter stated, which was passed at a city meeting held on the 19th of March, 1866, for the purpose of…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

This action is assumpsit to recover the sum of $217.60 paid by the plaintiff to the city treasurer, for taxes assessed against him by the defendant city. The payment was made on the 14th of August, 1869 ; for which the plaintiff then took the treasurer’s receipt, which sets forth the several taxes, and the purposes for which they were assessed, as follows:

“ Burlington, Aug. 14,1869.
“ Received of Mr. Noah Allen, in full, city tax on grand list “ of 1869, $1.25, $123.41
*210“ High School Building tax, 20, 19.75
“ Highway tax, 20, ' 20.14

School tax,…

2Cases cited2 opinions

  1. Henry v. Town of ChesterSupreme Court of Vermont · 1843
  2. Capron v. RaistrickSupreme Court of Vermont · 1872

3Cited by12 opinions

  1. State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889
  2. Turner v. AlthausNebraska Supreme Court · 1877
  3. Noyes v. StateWisconsin Supreme Court · 1879
  4. Conn v. Middlebury Union High School District 3Supreme Court of Vermont · 1994
  5. Forry v. RidgeMissouri Court of Appeals · 1894

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