Johnson v. Colburn
Supreme Court of Vermont
Replevin for a cow belonging to the plaintiff taken by the defendant, February 18th, 1862. The following statement of facts was agreed upon by the parties in said cause, and the case submitted to the court for its decision upon those facts : School District No. 6, in Shrewsbury, at a meeting duly warned and holden on the 9th day of Nov. 1858, voted to remove and repair their school house, and appointed a committee for that purpose, and voted a tax not to exceed one hundred…
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Replevin for a cow belonging to the plaintiff taken by the defendant, February 18th, 1862. The following statement of facts was agreed upon by the parties in said cause, and the case submitted to the court for its decision upon those facts : School District No. 6, in Shrewsbury, at a meeting duly warned and holden on the 9th day of Nov. 1858, voted to remove and repair their school house, and appointed a committee for that purpose, and voted a tax not to exceed one hundred dollars, to defray the expenses of said removal and repair. The committee having completed the removal, &c., at an…
1Opinion of the CourtPeck, J.
If any part of the tax is void, it being entire, the whole is void. The question then is, had the district the legal right to raise a tax to defray the expense of defending those two suits against the collector, after having defended. those suits by an agent apppointed by vote of the district for that purpose. The question involved in those cases was as to the regularity of the assessment of that former tax, it having been voted for a legal purpose. The statute provides that the district shall be liable to indemuify the collector when made liable “ by reason of the illegality of the…
2Cases cited1 opinion
- Harrington v. Sixth School DistrictSupreme Court of Vermont · 1858
3Cited by2 opinions
- Cottle v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1912
- Dunnell Manufacturing Co. v. NewellSupreme Court of Rhode Island · 1886