Walker v. Miner
Supreme Court of Vermont
Trespass for taking two wagons. Plea, the general issue, with notice of justification that the defendant took the property as collector of school district No. 5, in Dover.
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Trespass for taking two wagons. Plea, the general issue, with notice of justification that the defendant took the property as collector of school district No. 5, in Dover. The parties agreed upon the following facts : The plaintiff, on the 1st of April, 1854, resided in Dover, within the limits of school district No. 5, and was legally taxable there, and his poll and personal property were set in the grand list for 1854 of that town, and thereon designated as belonging to district No. 5. He continued to reside there until December 28th, 1854, when he removed to Winchester, New Hampshire,…
1Opinion of the CourtKellogg, J.
This is an action of trespass for taking and carrying away a hugg'y wagon and a lumber wagon, belonging to the plaintiff, and the defendant justifies the trespass complained of on the ground that he, being the collector of taxes of school district No. 5 in Dover, took the property and disposed of the same under and by virtue of a rate bill and warrant for the collection of a certain tax assessed against the plaintiff on his list for his poll and personal property for the year 1854, in pursuance of a vote of said school district at a legal meeting held on the 17th of January, 1855. The facts…
2Cases cited1 opinion
- Woodward v. FrenchSupreme Court of Vermont · 1858
3Cited by2 opinions
- City of Bath v. WhitmoreSupreme Judicial Court of Maine · 1887
- Ovitt v. ChaseSupreme Court of Vermont · 1864