Wilcox v. Sherwin
Supreme Court of Vermont
THIS was an action of trespass, in which the plaintiff declared, that on the 20th of March, 1795, at Charlotte, the defendant with force, &c. took and drove away, out of the possession of the plaintiff, a certain heifer the property of the plaintiff, &c. Plea-Not guilty.
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THIS was an action of trespass, in which the plaintiff declared, that on the 20th of March, 1795, at Charlotte, the defendant with force, &c. took and drove away, out of the possession of the plaintiff, a certain heifer the property of the plaintiff, &c. Plea-Not guilty. The defendant’s counsel admitted the facts as stated in the declaration, and stated, as matter of justification, which they should give in evidence, that there were two taxes granted by the town of Charlotte, for the support oí a minister of the Gospel in that town-one tax for the year 1793, the other for the year 1794.-That…
1Opinion of the Court
Chipman, Ch. J.,
delivered the opinion of the Court. This is an action of trespass, for taking with force and arms from the plaintiff, a certain heifer the property of the plaintiff. The defendant has pleaded the general issue, and under this-plea, offers to justify the taking in evidence to the Jury, by virtue of a legal authority, as collector of a town or parish tax. To this, objection is made by the plaintiff’s counsel, on two grounds. 1st, That it is an established rule of the common law, that in actions of trespass, no matter of justification shall be given in evidence under the general…
2Cited by1 opinion
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