E. & T. Fairbanks & Co. v. Kittredge
Supreme Court of Vermont
Trespass on the Case. This was an action against the defendants, as listers. for the town of St. Johnsbury, for the year 1848. The defendants pleaded the general issue, which by'agreement was tried by the court. Upon the trial, the following facts appeared in evidence, and were found by the court. On the first day of April, 1848, and for several years previous thereto, the plaintiffs were partners carrying on an extensive business, in the manufacture of scales, plows, &c.
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Trespass on the Case. This was an action against the defendants, as listers. for the town of St. Johnsbury, for the year 1848. The defendants pleaded the general issue, which by'agreement was tried by the court. Upon the trial, the following facts appeared in evidence, and were found by the court. On the first day of April, 1848, and for several years previous thereto, the plaintiffs were partners carrying on an extensive business, in the manufacture of scales, plows, &c. All of said firm except Joseph P. Fairbanks, resided on the first day of April, 1848, in school district No. 1, in St.…
1Opinion of the Court
The opinion of the court was delivered by
Eoyce, Ch. J.
This was an action of trespass on the case, brought against the defendants as listers of the town of St. Johns-bury, for the year 1848. The defendants were charged with having wrongfully divided the plaintiffs’ list of personal property, designating a fourth part of the property as being in school district No. 2, when it should all have been designated as in district No. 1.
It is made a point of defense, that the duty of the defendants, in reference to the matter complained of, was of a judicial character ; and that they are consequently…
2Cases cited4 opinions
- Fuller v. GouldSupreme Court of Vermont · 1848
- Henry v. EdsonSupreme Court of Vermont · 1830
- Kellogg v. HigginsSupreme Court of Vermont · 1839
- Howard v. ShumwaySupreme Court of Vermont · 1841
3Cited by7 opinions
- Williams v. City of SaginawMichigan Supreme Court · 1883
- Connecticut & Passumpsic Rivers Railroad v. CooperSupreme Court of Vermont · 1858
- General Motors v. City of LindenNew Jersey Superior Court Appellate Division · 1995
- Woodward v. FrenchSupreme Court of Vermont · 1858
- Vermont Fruit Co. v. WilsonSupreme Court of Vermont · 1918
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