Alger v. Curry
Supreme Court of Vermont
Action OR Tort, to recover the value of a horse and a halter. The declaration contained counts in trespass and trover. Plea, the general issue, with notice of special matter of defence. Trial by jury, April Term, 1865, PieRpoint, J., presiding. The plaintiff’s title, and the taking of the property by the defendant, were admitted.
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Action OR Tort, to recover the value of a horse and a halter. The declaration contained counts in trespass and trover. Plea, the general issue, with notice of special matter of defence. Trial by jury, April Term, 1865, PieRpoint, J., presiding. The plaintiff’s title, and the taking of the property by the defendant, were admitted. The defendant claimed in justification that he took the property as constable of the town of Hinesburgh for the purpose of satisfying a lawful town .tax, &c., and introduced in evidence the records of the warnings and proceedings of the annual town meetings of said…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
The first issue is upon the validity of the tax. At the annual town meeting holden March 3d, 1863, this tax was voted. By the same vote the selectmen were directed to assess the tax upon the grand list of 1862. It was so assessed. The bill and warrant upon the tax so assessed constitute the process upon which the defendant acted.
The statute — Gen. Stat. ch. 84, §§ 66-7 — provides that “ all taxes voted at the annual March meeting of any town shall be assessed upon the grand list to be completed for. that purpose on the 15th of May following,”…
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