Clemons v. Lewis
Supreme Court of Vermont
Trespass, with a count in trover joined under the statute. The subject of the alledged trespass and conversion was a one horse lumber wagon of the property of the plaintiff.
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Trespass, with a count in trover joined under the statute. The subject of the alledged trespass and conversion was a one horse lumber wagon of the property of the plaintiff. Plea, not guilty, and a plea in justification of the trespass and conversion complained of, — this last' plea averring in substance that, at the time of the alleged trespass and conversion, the defendant was the collector of taxes of the town of Wells, and that he took the property in question as the property of the plaintiff, who was a" ratable inhabitant of said town, and had a list therein for the year 1862, to satisfy…
1Opinion of the Court
Poland, Ch. J.
The plaintiff takes three objections to the sufficiency of the defendant’s plea.
1st. That it does not appear that the purpose for which the tax was voted, was one for which the town had a right to raise money by a tax.
2d. That the warrant under which the collector proceeded was invalid because it directed the collector to pay over the tax when collected, to the selectmen, instead of the treasurer.
3d. That the collector’s proceedings were illegal beeause he kept the property more than four days before advertising, and advertised it more than six days before the day of sale.
In the…
2Cases cited1 opinion
- Briggs v. WhippleSupreme Court of Vermont · 1835
3Cited by1 opinion
- Alger v. CurrySupreme Court of Vermont · 1868