Fuller v. City of Montpelier
Supreme Court of Vermont
* Assumpsit for money paid under protest for taxes in 1897 and in 1898. Pleas, the general issue with notice, and the Statute of Limitations. Trial by jury, Washington County, March Term, 1900, Tyler, J., presiding. A verdict was directed for the defendant and judgment was rendered thereon. The plaintiff excepted.
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* Assumpsit for money paid under protest for taxes in 1897 and in 1898. Pleas, the general issue with notice, and the Statute of Limitations. Trial by jury, Washington County, March Term, 1900, Tyler, J., presiding. A verdict was directed for the defendant and judgment was rendered thereon. The plaintiff excepted. The plaintiff paid to the Treasurer of the defendant town, ■under protest, his taxes for the years 1897 and 1898 amounting to the sum of $270.72; The quadrbnnial appraisal of real estate for the City of Montpelier for the year 1894 was sworn to before a notary public and was not…
1Opinion of the CourtMunson, J.
The plaintiff seeks to recover taxes paid under protest. The defendant contests the claim upon the strength of No. 305, Acts of 1898, which purports to legalize its quadrennial appraisal of 1894, the grand lists based upon ■such appraisal, and the taxes assessed thereon. V. S. 28 pro*45vides, with certain exceptions not material here, that no. act of the general assembly shall affect a suit begun or pending at the time of its passage. The act of 1898 must be construed in conformity with V. S. 28, for it contains nothing that indicates an intention to give it an effect inconsistent with that…
2Cited by3 opinions
- Woods v. ShumwaySupreme Court of Vermont · 1976
- Whitney v. FisherSupreme Court of Vermont · 1980
- Whitney v. FisherSupreme Court of Vermont · 1980