Legal Opinion

Downer v. Woodbury

Supreme Court of Vermont

Decided March 15, 1847PublishedCited by 6 opinions

Trespass for taking a harness. The defendant pleaded in justi- ‘ fication, and averred, among other things, that he was duly elected collector of taxes for the town of Bethel in March, 1840, — that he-gave the bond, required by statute, for the faithful performance of his duties, — that an act of the legislature’ was passed in October,. 1840, granting a tax of three cents on the dollar on the grand list of those liable to be taxed,— that the town of Bethel, at a…

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Trespass for taking a harness. The defendant pleaded in justi- ‘ fication, and averred, among other things, that he was duly elected collector of taxes for the town of Bethel in March, 1840, — that he-gave the bond, required by statute, for the faithful performance of his duties, — that an act of the legislature’ was passed in October,. 1840, granting a tax of three cents on the dollar on the grand list of those liable to be taxed,— that the town of Bethel, at a legal-meeting holdén on the sixth day of April, 1840, assessed a tax of five cents on the dollar on the grand list of those liable…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

In this case the replication being de injuria fyc., and no objection having been taken on that account, the defendant must prove every material allegation in his plea.

1. It is said, that there was no proof that the defendant had given a bond, — which is expressly alleged in the plea. But that allegation does not attempt to sot forth the bond, or make any profert of it. We should therefore be inclined to think, that it was sufficiently shown that the collector gave bond, by his having acted as col*333lector. The former fact will be inferred from…

2Cases cited1 opinion

  1. Collamer v. DrurySupreme Court of Vermont · 1844

3Cited by6 opinions

  1. Town of Brattleboro v. Carpenter Tr.Supreme Court of Vermont · 1932
  2. Brush v. WatsonSupreme Court of Vermont · 1908
  3. Wheelock v. ArcherSupreme Court of Vermont · 1854
  4. Hurlbut v. GreenSupreme Court of Vermont · 1869
  5. Stiles v. HitchcockSupreme Court of Vermont · 1875

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