Andrews v. Chase
Supreme Court of Vermont
This is an action of trespass de heñís asportatis. The defendant plead in bar a justification on the ground that the goods were taken by him as surveyor of highways, for the1 satisfaction of plaintiff’s road taxes.
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This is an action of trespass de heñís asportatis. The defendant plead in bar a justification on the ground that the goods were taken by him as surveyor of highways, for the1 satisfaction of plaintiff’s road taxes. To this plea the plaintiff demurred specially, and assigned the following causes, to wit: 1st, That it appears, from the said plea, that the said; Rufus Chase, was sworn faithfully to perform1 all the duties of surveyor of District No. 26, in all things according to taw, on the 17th June, A. D. 1831, by a justice of the peace in and for said County of Windham, and not by one of the…
1Opinion of the Court
The opinion of the Court was pronounced by
Williams, J.
This is an action of trespass for taking goods. The defendant pleads in bar a justification that he took the goods as highway surveyor, to satisfy a highway tax which he had against the plaintiff to collect. To this plea' there is a special demurrer.
As the plaintiff complains only of an illegal taking, and does not complain of any farther illegal act of the defendant, either as a distinct injury, or as matter of aggravation, if the plea shews a sufficient authority for the taking, it is all that can be required.
If a defendant relies in…
2Cited by3 opinions
- Briggs v. MasonSupreme Court of Vermont · 1859
- Courser v. PowersSupreme Court of Vermont · 1861
- Briggs v. WhippleSupreme Court of Vermont · 1835