Wheeler v. Wilson
Supreme Court of Vermont
Action to recover taxes. Heard on demurrer to the declaration, September Term, 1883, Orleans County, Redeield, J., presiding. Demurrer overruled.
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Action to recover taxes. Heard on demurrer to the declaration, September Term, 1883, Orleans County, Redeield, J., presiding. Demurrer overruled. The writ was dated March 4, 1882. The first count: “ That the said Charles Wheeler on the first Tuesday of March, A. D. 1880, and from thence to the first Tuesday of March, A. D. 1881, was the legal constable and collector of taxes in and for the town of Brownington, in the county of Orleans; and that the plaintiff as such constable and collector of taxes has in his hands for collection a state tax amounting to eleven dollars and sixty-four cents,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The first question raised by the demurrer is, whether the first count of the declaration is a count in case, or in assumpsit. If in case, the second and third counts being counts in assumpsit, there is a fatal misjoinder. Joy v. Hill, 36 Vt. 333.
The first count in substance alleges, that the plaintiff was the collector of taxes for the town of Brownington for the current year, commencing March, 1880, and has in his hand certain taxes named against the defendant, which were legally assessed and delivered to him as such collector for…
2Cases cited6 opinions
- State v. NortonSupreme Court of Vermont · 1873
- Huntley v. HenrySupreme Court of Vermont · 1864
- Aiken v. BridgmanSupreme Court of Vermont · 1864
- Danville v. PutneySupreme Court of Vermont · 1834
- Town of Pawlet v. Town of SandgateSupreme Court of Vermont · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. DummerIllinois Supreme Court · 1916
- Town of Woodstock v. Town of HancockSupreme Court of Vermont · 1890
- Smith v. BlairSupreme Court of Vermont · 1895