Legal Opinion

Henry v. Tilson

Supreme Court of Vermont

Decided March 15, 1847PublishedCited by 4 opinions

Trespass for false imprisonment. Plea, the general issue, with notice that the defendant, as constable of Braintree, arrested the plaintiff and committed him to jail, by virtue of several warrants for the collection of taxes legally assessed against him ; which was the trespass complained of. Trial by jury, June Term, 1845, — Hebard, J., presiding.

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Trespass for false imprisonment. Plea, the general issue, with notice that the defendant, as constable of Braintree, arrested the plaintiff and committed him to jail, by virtue of several warrants for the collection of taxes legally assessed against him ; which was the trespass complained of. Trial by jury, June Term, 1845, — Hebard, J., presiding. On trial the defendant offered in evidence the several warrants described in his special notice, with his returns and the amount of the plaintiff’s taxes endorsed thereon; to the admission of which the plaintiff objected, upon the ground that the…

1Opinion of the Court

The opinion of the court was delivered by

Hall, J.

Several objections have been made to the verdict in this case; only one of which has been considered by the court.

It appears from the bill of exceptions, that the defendant (in aid of the certificates of the collector upon the copies of his warrants lodged with the jailor) was permitted to introduce parol evidence, to. prove that before arresting the body of the plaintiff the defendant had given him six days notice of the amount of his tax, and of the time and place when and where he would attend to receive it; and also, that the defendant had…

2Cases cited2 opinions

  1. Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
  2. Hathaway v. GoodrichSupreme Court of Vermont · 1833

3Cited by4 opinions

  1. Biberdorf v. JuhnkeNorth Dakota Supreme Court · 1929
  2. Taylor v. MooreSupreme Court of Vermont · 1890
  3. Miller v. CushmanSupreme Court of Vermont · 1866
  4. Flint v. WhitneySupreme Court of Vermont · 1856

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