Brown v. Hoadley
Supreme Court of Vermont
This was an action of trespass, for taking a heifer, originally brought before a justice’s court, in Windsor county, where the plaintiff recovered $17,20, damages and costs; from which judgment the defendant appealed to the county court.
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This was an action of trespass, for taking a heifer, originally brought before a justice’s court, in Windsor county, where the plaintiff recovered $17,20, damages and costs; from which judgment the defendant appealed to the county court. The defendant’s plea was the general issue, accompanied by the following special notice, viz.:— “ And the said Henry C. Hoadley gives notice to theplaintiff, that, on trial of the issue aforesaid, he will give in evidence the following facts, to wit; — that, at the time of the ' committing the said supposed trespass, to wit, on the 23d day of March, 1838, and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
— Several objections are taken to the sufficiency of the defendant’s justification, which he offered to prove at the trial:—
1. Because the tax was voted to be raised upon the scholar, and not upon the list of polls and rateable estate.
2. Because it was not sufficiently definite in amount; and,
3. Because it was prematurely voted.
We are sensible that the enquiry, involved in the first objection, is of deep importance to the public interest, and should extremely regret to fall into any mistaken construction of the statutes relating to it. By the…
2Cited by4 opinions
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