Legal Opinion

Briggs v. Whipple

Supreme Court of Vermont

Decided January 15, 1835PublishedCited by 4 opinions

This was an action of trespass, de honis asportatis, brought against the defendant, who was collector of taxes for the town of Richmond. It came before the court upon a special demurrer to the defendant’s plea in bar. The substance of this plea will be found incorporated into the opinion of the court.

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This was an action of trespass, de honis asportatis, brought against the defendant, who was collector of taxes for the town of Richmond. It came before the court upon a special demurrer to the defendant’s plea in bar. The substance of this plea will be found incorporated into the opinion of the court. The following causes were assigned. 1. Becausé the said plea does not allege, that the town of Richmond is a corporation, empowered by law to assess and collect taxes of the inhabitants within its limits. 2. Because it is not alleged, in and by said plea, that the said William P. Briggs was…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

This case comes before us on a demurrer to the defendant’s plea in bar. All that is required in a plea of this nature is, that the facts, which justify the taking, should be stated. If the taking was justifiable, by virtue of a regular warrant, and the defendant neglected to proceed with the property distrained, so as to become a-trespasser, ab initio, such neglect should be set forth in the replication. It was wholly unnecessary for defendant to state his proceedings subsequent to the taking.— Andrews vs. Chase, 5 Vt. Rep. 409. The…

2Cases cited2 opinions

  1. Andrews v. ChaseSupreme Court of Vermont · 1833
  2. Doe ex dem. Britton v. LawrenceSupreme Court of Vermont · 1797

3Cited by4 opinions

  1. Western Union Telegraph Co. v. Burlington Traction Co.Supreme Court of Vermont · 1916
  2. Clemons v. LewisSupreme Court of Vermont · 1864
  3. Township Committee of Union v. RaderSupreme Court of New Jersey · 1877
  4. Macomber v. CenterSupreme Court of Vermont · 1872

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