Wilson v. Wheeler
Supreme Court of Vermont
Trespass with count in trover. Trial by jury, February Term, 1882, Rediteld, J., presiding. Pleas, general issue,and justification as tax collector of the town of Brownington, and special replication by plaintiff. After the evidence was in, both parties in open court agreed to submit all issues of fact tq the court. A verdict was ordered for the defendant.
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Trespass with count in trover. Trial by jury, February Term, 1882, Rediteld, J., presiding. Pleas, general issue,and justification as tax collector of the town of Brownington, and special replication by plaintiff. After the evidence was in, both parties in open court agreed to submit all issues of fact tq the court. A verdict was ordered for the defendant. As to the question of whether there was a vacancy in the office of constable the exceptions stated: “ The defendant also offered in evidence to show that said Wyman accepted said office and duly qualified for the discharge of the duties…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
There were many exceptions taken upon the trial, but we shall only consider those that have been insisted upon in this court. It is insisted in the first place that the defendant was ineligible to the office of constable and collector of taxes at the time of his election at the March meeting in 1880. On the 1st day of April, 1879, and for several months thereafterwards, the defendant with his family resided in the town of Morgan, and his poll, personal property, and some real estate were set in the grand list of that town for that year. In…
2Cases cited4 opinions
- Henry v. Town of ChesterSupreme Court of Vermont · 1843
- Spear v. Town of BraintreeSupreme Court of Vermont · 1852
- Blodgett v. HolbrookSupreme Court of Vermont · 1866
- Town of Weston v. SpragueSupreme Court of Vermont · 1882
3Cited by8 opinions
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Willard v. PikeSupreme Court of Vermont · 1886
- Town of Brattleboro v. Carpenter Tr.Supreme Court of Vermont · 1932
- Brock v. BruceSupreme Court of Vermont · 1885
- McTwiggan v. HunterSupreme Court of Rhode Island · 1895
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