Bixby v. Roscoe
Supreme Court of Vermont
Assumpsit begun by trustee process for the collection of taxes. Plea, the general issue with notice. Trial by jury at the March Term, 1910, Chittenden County, Stanton, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. At the close of the plaintiff’s case, and again at the close of all of the evidence, defendant moved for a directed verdict in his favor on the grounds stated in the opinion. Motion overruled, to which defendant excepted.
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Assumpsit begun by trustee process for the collection of taxes. Plea, the general issue with notice. Trial by jury at the March Term, 1910, Chittenden County, Stanton, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. At the close of the plaintiff’s case, and again at the close of all of the evidence, defendant moved for a directed verdict in his favor on the grounds stated in the opinion. Motion overruled, to which defendant excepted. The listers of the town of Essex, knowing of the vote of the town and knowing of defendant’s removal of his printing plant from…
1Opinion of the CourtWatson, J.
This action is brought under the statute (P. S. 644) to recover by trustee process taxes assessed against the defendant in the town of Essex for the year 1909. At the close of the plaintiff’s opening evidence the defendant moved that a, verdict be directed in his favor because (1) it does not appear that the taxes sought to be recovered are legal and such as the *108■defendant is bound in law to pay, nor that the plaintiff is legally qualified to collect them; (2) it does appear that said taxes are illegal, that the plaintiff is neither qualified nor authorized by law to collect the same, and (in…
2Cases cited15 opinions
- Richardson v. HardwickSupreme Court of the United States · 1882
- Home of the Friendless v. RouseSupreme Court of the United States · 1869
- McGee v. MathisSupreme Court of the United States · 1866
- Wilkins' Admr. v. BrockSupreme Court of Vermont · 1908
- Caverly-Gould Co. v. Village of SpringfieldSupreme Court of Vermont · 1910
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3Cited by7 opinions
- Charles Ferry v. City of MontpelierSupreme Court of Vermont · 2023
- Barclay v. Wetmore & Morse Granite Co.Supreme Court of Vermont · 1920
- Spaulding Et Ux. v. City of RutlandSupreme Court of Vermont · 1939
- State v. HartSupreme Court of Vermont · 1987
- Rixford Manufacturing Co. v. Town of HighgateSupreme Court of Vermont · 1929
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