Miles v. Town of Albany
Supreme Court of Vermont
Assumpsit. Trial by jury, September Term, 1884, Orleans Comity, Powers, J., presiding. Judgment for the plaintiff. Tlie case is stated in the opinion. The selectmen had no power to bind tbe town to repay. When suit is brought by a town-against a sheriff for not paying oyer to it money collected by him for it, the selectmen are not permitted to receive the same from him and execute a discharge therefor, which will bind the town.
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Assumpsit. Trial by jury, September Term, 1884, Orleans Comity, Powers, J., presiding. Judgment for the plaintiff. Tlie case is stated in the opinion. The selectmen had no power to bind tbe town to repay. When suit is brought by a town-against a sheriff for not paying oyer to it money collected by him for it, the selectmen are not permitted to receive the same from him and execute a discharge therefor, which will bind the town. Middlebury v. Pood, 7 Yt. 125. Selectmen cannot, without a vote of the town for that purpose, discharge the interest of a witness so as to :x: chr Pin competent to…
1Opinion of the Court
The opinion of the court was delivere1 by
Veazey, J.
The plaintiff' being tax collector, and having tax bills placed in his hands by the selectmen for collection, advanced and paid into the treasury the amount of the same before collection, on the supposition that the assessment was legal, and the tax bills valid and collectible by law.. lie now seeks to recover so much of that money as lie has not collected on his tax bills, on the ground that the selectmen understanding there was some invalidity which rendered the taxes not enforceable, instructed him not to attempt to force collections, and…
2Cases cited4 opinions
- Burton v. Inhabitants of NorwichSupreme Court of Vermont · 1861
- Dix v. Town of DummerstonSupreme Court of Vermont · 1847
- Town of Cabot v. BrittSupreme Court of Vermont · 1863
- Thayer v. LymanSupreme Court of Vermont · 1863
3Cited by4 opinions
- Town of New Haven v. WestonSupreme Court of Vermont · 1913
- LaFlam v. Missisquoi Pulp Co.Supreme Court of Vermont · 1902
- Town of Putney v. Town of BrooklineSupreme Court of Vermont · 1967
- Manning v. LeightonSupreme Court of Vermont · 1893