Herrick v. Town of Randolph
Supreme Court of Vermont
Assumpsit, for money had and received. Plea, non as-sumpsit, and issue to the court. The case was submitted in the county court upon the following statement of facts, viz. : By the charter of the town of Randolph, among other public rights, is reserved one full right of land to be kept and leased by the selectmen of the town, for the support of the ministry in said town, forever; which right was located by the proprietors, and, some forty years since, was leased,…
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Assumpsit, for money had and received. Plea, non as-sumpsit, and issue to the court. The case was submitted in the county court upon the following statement of facts, viz. : By the charter of the town of Randolph, among other public rights, is reserved one full right of land to be kept and leased by the selectmen of the town, for the support of the ministry in said town, forever; which right was located by the proprietors, and, some forty years since, was leased, perpetually, by the selectmen of the town, in separate portions, to several tenants, reserving annual.rents for the support of the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
If the statute of the general assembly of this state, passed in the year 1825, requiring buildings on public lands to be appraised and set in the list of the occupiers of such lands, was unconstitutional, then the plaintiff is entitled to recover in this action. For the town, having proceeded to appraise such buildings and set them in the list of the plaintiff, and having compelled him to pay taxes on such list, we see no good reason why the money, thus wrongfully taken from the plaintiff, and put into the treasury of the town, might not be…
2Cases cited2 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
3Cited by11 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- West Wisconsin R. Co. v. Board of Supervisors of Trempealeau Cty.Supreme Court of the United States · 1876
- East Saginaw Manufacturing Co. v. City of East SaginawMichigan Supreme Court · 1869
- State v. GartonIndiana Supreme Court · 1869
- Guerra v. Tesorero de Puerto RicoSupreme Court of Puerto Rico · 1905
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