Legal Opinion

Ryan v. Rooney

Supreme Court of Vermont

Decided May 20, 1914PublishedCited by 7 opinions

Replevin for property taken on a warrant for the collection of taxes. Plea, the general issue with notice justifying under a tax warrant issued by the town treasurer. Trial by jury at the September Term, 1913, Franklin County, Taylor, J. presiding. General verdict directed for the plaintiff, and judgment thereon. The. defendant excepted.

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Replevin for property taken on a warrant for the collection of taxes. Plea, the general issue with notice justifying under a tax warrant issued by the town treasurer. Trial by jury at the September Term, 1913, Franklin County, Taylor, J. presiding. General verdict directed for the plaintiff, and judgment thereon. The. defendant excepted. The jury specially found that the listers of the town of Fairfax, in making up the grand list of the plaintiff in 1912, did not appraise his real estate. After verdict and before judgment, defendant moved for a new trial because the jury disregarded the…

1Opinion of the CourtHaselton, J.

The plaintiff was a resident and taxpayer of the town of Fairfax. The defendant was tax-collector of the town and by virtue of a rate bill and warrant distrained personal property of the defendant to satisfy a tax. The plaintiff in this action replevied the property so taken. To the plaintiff’s action of replevin the defendant pleaded the general issue and gave notice of justification under the tax warrant. Trial by jury was had. Verdict was directed for the plaintiff, and judgment was rendered thereon. The defendant excepted.

It was conceded that the tax was legally voted in town meeting and…

2Cases cited13 opinions

  1. Willard v. PikeSupreme Court of Vermont · 1886
  2. McKinstry v. CollinsSupreme Court of Vermont · 1902
  3. McDaniels v. McDanielsSupreme Court of Vermont · 1867
  4. Meserve v. FolsomSupreme Court of Vermont · 1890
  5. Austin v. LangloisSupreme Court of Vermont · 1908

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3Cited by7 opinions

  1. Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
  2. Villeneuve v. Town of UnderhillSupreme Court of Vermont · 1972
  3. Hannah v. HannahSupreme Court of Vermont · 1923
  4. State v. Foss.Supreme Court of Vermont · 1926
  5. Finn v. HoldenSupreme Court of Vermont · 1934

2 more not listed; retrieve them via the Exa API.

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