Legal Opinion

Henry v. Town of Chester

Supreme Court of Vermont

Decided February 15, 1843PublishedCited by 21 opinions

This was an action of assumpsit, for money had and received. Plea, non assumpsit, and issue to the court. By consent of the parties, the case was referred to a commissioner, to make report of facts.

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This was an action of assumpsit, for money had and received. Plea, non assumpsit, and issue to the court. By consent of the parties, the case was referred to a commissioner, to make report of facts. The commissioner reported, among other things, that the plaintiff’s claim rested on the ground that the town of Chester had collected from him a large amount of taxes which had been assessed upon his property, in connexion with a general list of the town, improperly made up, in that the addition to the appraisal of houses and lots, which had been adjudged by the county averaging committee, and the…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The power of taxation, although a necessary attribute of the sovereignty, in all governments, is, to some extent, an arbitrary power, as well in free governments, as in those whose powers are less strictly defined ; and is, by consequence, more or less subject to abuse. This power is, however, necessary to the very existence of any political organization, sufficiently efficient to answer the ends of all municipal authority — the just protection of civfi rights, the most important of which are life, liberty, and property, — for, without the…

2Cases cited2 opinions

  1. Thames Manufacturing Co. v. LathropSupreme Court of Connecticut · 1829
  2. Thurston v. LittleMassachusetts Supreme Judicial Court · 1807

3Cited by21 opinions

  1. Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
  2. Kansas Pacific Railway Co. v. Commissioners of Wyandotte CountySupreme Court of Kansas · 1876
  3. Shuttuck v. SmithNorth Dakota Supreme Court · 1896
  4. Allen v. City of BurlingtonSupreme Court of Vermont · 1873
  5. National Metal Edge Box Co. v. Town of ReadsboroSupreme Court of Vermont · 1920

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