Legal Opinion

Boardman v. Goldsmith

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 15 opinions

Trespass for falso imprisonment. Pleas, the general issue, and justification as ta,XTCollector for the Bennington Graded School District, in collecting a poll-tax of one dollar and thirty cents assessed against the plaintiff.

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Trespass for falso imprisonment. Pleas, the general issue, and justification as ta,XTCollector for the Bennington Graded School District, in collecting a poll-tax of one dollar and thirty cents assessed against the plaintiff. The plaintiff in person gave evidence tending to show that he was arrested by defendant and two policemen, on the night of March 1, 1871, at the grocery of one Sibley, in the village of Bennington, about the hour of 7 or 8 in the evening, and taken to the county jail at Bennington Center, and there imprisoned against his will; that he remained in said jail until between…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, Ch. J.

The defendant offered to show by parol his proceedings under his tax-warrant. Plaintiff objected, and claimed that the proceedings of defendant about collecting the tax, should be shown by the return made by defendant upon the copy of his warrant left with the jailor. The evidence offered was received by the court at first, subject to objection. After the evidence was in on this subject on both sides, the court changed its ruling, and decided as claimed by plaintiff, that is, that defendant must show his acts under the warrant by his…

2Cited by15 opinions

  1. Davis v. HearstCalifornia Supreme Court · 1911
  2. Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
  3. Maybe, Kahn & Freiberg v. DukeTexas Supreme Court · 1889
  4. Gambrill v. SchooleyCourt of Appeals of Maryland · 1901
  5. Carson v. SmithSupreme Court of Missouri · 1896

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