Spear v. Town of Braintree
Supreme Court of Vermont
Assumpsit for money bad and received. Plea, general issue and set off, and referred by rule of court, to a referee, wbo reported substantially tbe following facts: Tbe plaintiff claims to recover back of tbe defendants certain sums of money paid by bim for taxes assessed upon bis property, according to tbe grand list of said town, which list be alledges to be imperfect and void.
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Assumpsit for money bad and received. Plea, general issue and set off, and referred by rule of court, to a referee, wbo reported substantially tbe following facts: Tbe plaintiff claims to recover back of tbe defendants certain sums of money paid by bim for taxes assessed upon bis property, according to tbe grand list of said town, which list be alledges to be imperfect and void. It appeared that the grand list of the real estate for tbe town of Braintree, for tbe year 1842, as made up in tbe first instance, and adopted by tbe county averaging committee, was $229,995,00 on which tbe State…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The important question in this case, is, whether the alteration made in the grand list of the several towns, by the committee of the legislature, is to be regarded, in asse.--.-ing town taxes. It is certain that was so under the Revised Statutes, p. 546 § 18; “ And such listers shall then proceed to finish their “ lists, by making the additions, or deductions, so made by the “ county and State average, and make out one entire list, and re- “ turn the same to the town clerks, by the tenth of December — on “ which, State, county and town…
2Cases cited1 opinion
- Henry v. Town of ChesterSupreme Court of Vermont · 1843
3Cited by11 opinions
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Board of Com'rs v. Searight Cattle Co.Wyoming Supreme Court · 1892
- Shuttuck v. SmithNorth Dakota Supreme Court · 1896
- Vermont Central Railroad v. Town of BurlingtonSupreme Court of Vermont · 1855
- Wilmot v. LathropSupreme Court of Vermont · 1895
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