Waters v. Daines
Supreme Court of Vermont
This was an action of trespass for seizing and carrying away certain sheep, the property of the plaintiff. The defendantplea-ded the general issue, and gave notice, that he should give in evidence under it, that he took the property in question as collector of a school district, in which the defendant was assessed, by virtue of a rate bill and warrant; and on trial offered in evidence the said rate bill and warrant, and a copy of the record of the proceedings of said school…
Read the full summary
This was an action of trespass for seizing and carrying away certain sheep, the property of the plaintiff. The defendantplea-ded the general issue, and gave notice, that he should give in evidence under it, that he took the property in question as collector of a school district, in which the defendant was assessed, by virtue of a rate bill and warrant; and on trial offered in evidence the said rate bill and warrant, and a copy of the record of the proceedings of said school district relating to the voting and assessment of the tax ; from which it appeared that the tax was voted on thé 15th…
1Opinion of the Court
Williams, J.,
delivered the opinion of the Court. — The defendant justifies the taking of the property, for which this action of trespass is brought, by a warrant and rate bill for a school tax.
No objection has been made to the warrant and rate bill on account of any irregularity apparent on the face ; but it is urged that the tax was illegal. The position, that a collector of taxes is accountable in an action of trespass when there is a want of power in the town or district granting the tax, or where there is any illegality in voting the same, has been considered as too well settled tobe…
2Cases cited2 opinions
- Bates v. HazeltineSupreme Court of Vermont · 1828
- Wilcox v. SherwinSupreme Court of Vermont · 1797
3Cited by2 opinions
- Moss v. HindsSupreme Court of Vermont · 1857
- Rogers v. BowenSupreme Court of New Hampshire · 1860