Colgate v. Hill
Supreme Court of Vermont
This was an action to recover the penalty given by the statute for receiving a fraudulent conveyance. It was alleged in the declaration, that the defendant had received of one Horace Cook a fraudulent conveyance of certain personal property; and the plaintiff sued as well in behalf of himself as of the county of Chittenden. Plea, the general issue, and trial by jury, September Term, 1846, — Bennett, J., presiding.
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This was an action to recover the penalty given by the statute for receiving a fraudulent conveyance. It was alleged in the declaration, that the defendant had received of one Horace Cook a fraudulent conveyance of certain personal property; and the plaintiff sued as well in behalf of himself as of the county of Chittenden. Plea, the general issue, and trial by jury, September Term, 1846, — Bennett, J., presiding. The defendant objected, that the court and jury could not try this cause, upon the ground that they were all payers of county taxes in the county of Chittenden, and still liable to…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
Upon the trial of this case in the court below seval questions were raised, which have been elaborately discussed at the hearing in this court.
1. It is insisted, that the court and jury, who tried the case, were incompetent, by reason of interest, they being inhabitants of the county and liable to the payment of county taxes, and consequently interested in the penalty sought to be recovered.
The law creating the penalty provides, that a moiety of the sums recovered shall be paid into the county treasury, for the use of the *62county. Hence it…
2Cases cited5 opinions
- In re the case of YatesNew York Supreme Court · 1809
- Leggett v. BoydNew York Supreme Court · 1829
- Edgell v. LowellSupreme Court of Vermont · 1832
- Tompkins v. CurtisNew York Supreme Court · 1824
- Dodge v. KendallSupreme Court of Vermont · 1831
3Cited by1 opinion
- Lancaster v. Augusta Water DistrictSupreme Judicial Court of Maine · 1911