Legal Opinion

Stiles v. Village of Newport

Supreme Court of Vermont

Decided January 7, 1904PublishedCited by 27 opinions

Assumpsit for the collection of taxes, commenced by-trustee process under V. S. 506. Plea, the general issue. Trial by jury at the March Term, 1901, Orleans County, Tyler, J., presiding. At the close of all the evidence, on motion of the defendant, a verdict was ordered, pro forma, for the defendant to recover its costs. Judgment on verdict. The plaintiff excepted.

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Assumpsit for the collection of taxes, commenced by-trustee process under V. S. 506. Plea, the general issue. Trial by jury at the March Term, 1901, Orleans County, Tyler, J., presiding. At the close of all the evidence, on motion of the defendant, a verdict was ordered, pro forma, for the defendant to recover its costs. Judgment on verdict. The plaintiff excepted. Defendant’s motion for a verdict was mainly upon the ground that the property in question is by implication exempt from' taxation, and is expressly exempt under the seventh subdivision of V. $. 362, as being property sequestered…

1Opinion of the CourtMunson, J.

The defendant village is authorized to provide a supply of water for fire, domestic and other purposes, and to sell and furnish water for domestic and other purposes toi persons or corporations within or without said village. No. 201, Acts 1878; No. 283, Acts 1894; No. 196,. Acts 1898. A part of the defendant’s water system, including its reservoir and aqueduct, lies in the town of Derby.. The land for the reservoir was acquired under the right of eminent domain. The defendant uses the water for fire protection and other municipal purposes, supplies it to its inhabitants for domestic purposes…

2Cases cited15 opinions

  1. Covington v. KentuckySupreme Court of the United States · 1899
  2. Town of West Hartford v. Board of Water CommissionersSupreme Court of Connecticut · 1877
  3. People Ex Rel. Mayor of New York v. Board of AssessorsNew York Court of Appeals · 1888
  4. Willard v. PikeSupreme Court of Vermont · 1886
  5. Welsh v. Village of RutlandSupreme Court of Vermont · 1883

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3Cited by27 opinions

  1. A. & M. Consolidated Independent School District v. City of BryanTexas Supreme Court · 1945
  2. City & County of San Francisco v. McGovernCalifornia Court of Appeal · 1915
  3. Canaan v. Enfield Village Fire DistrictSupreme Court of New Hampshire · 1908
  4. Carroll v. City of Cedar FallsSupreme Court of Iowa · 1935
  5. President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928

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