Sherwin v. Bugbee
Supreme Court of Vermont
Trespass for taking a pair of oxen. Plea, the general issue, with notice that the defendant would justify the taking as collector of school district No. 4 in Windham. Trial by jury.
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Trespass for taking a pair of oxen. Plea, the general issue, with notice that the defendant would justify the taking as collector of school district No. 4 in Windham. Trial by jury. On trial, the plaintiff having proved the taking, as set forth in the declaration, the defendant, in pursuance of his special notice, proved the organization of the district, in accordance with the decision-of the Supreme Court in this case, at the February Term, 1844, (16 Vt. 439) and then read, from the records of the district, the warning of the district meeting, at which the tax, for the payment of which the…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
In this case two questions have been presented. The first is, whether the defendant can show by parol the time of the day at which the district meeting was warned to be holden,— which is omitted in the record of the warning. The other is, whether the defendant can show by parol, that all the legal voters in the district were present at the meeting, and voted on the question of raising the tax, for payment of which the oxen were taken.
The first question depends mainly upon the question whether the *340warning is to be regarded as a part of tbe…
2Cited by9 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Russell v. WellingtonMassachusetts Supreme Judicial Court · 1892
- Barber v. VintonSupreme Court of Vermont · 1909
- Jones v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1891
- Kirkland v. KolodziejSupreme Court of Vermont · 2016
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