Flint v. Whitney
Supreme Court of Vermont
Trespass for false imprisonment. Plea, the general issue, and notice of a justification under a warrant for the collection of a highway tax against the plaintiff. Trial by the court, January Term, 1856, — TJnderwood, J., presiding. The defendant was one of the highway surveyors in the town of Brookfield for the year 1852; and on the 24th of May of that year the selectmen of that town placed in his hands a tax-bill and warrant, of which the following is a copy.
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Trespass for false imprisonment. Plea, the general issue, and notice of a justification under a warrant for the collection of a highway tax against the plaintiff. Trial by the court, January Term, 1856, — TJnderwood, J., presiding. The defendant was one of the highway surveyors in the town of Brookfield for the year 1852; and on the 24th of May of that year the selectmen of that town placed in his hands a tax-bill and warrant, of which the following is a copy. “State or Vermont, Orange Gounty, ss. To William Whit- “ ney, one of the surveyors of highways in Brookfield, in said “ county,…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
I. It seems to us the form of the warrant, in this case, is so essential a departure from the form given in the statute, that it should be regarded as altogether insufficient. It, in truth, omits everything, almost, which is requisite to constitute a Valid warrant. It is a mere direction to the officer that if the persons assessed do not pay their .tax, “ to proceed with him or them as the law directs.” If the officer did not follow the statute more *684clearly than the form of the warrant does, we could scarcely conjecture what he might…
2Cases cited2 opinions
- Henry v. TilsonSupreme Court of Vermont · 1845
- Henry v. TilsonSupreme Court of Vermont · 1847
3Cited by2 opinions
- Taylor v. MooreSupreme Court of Vermont · 1890
- Kerr v. AtwoodMassachusetts Supreme Judicial Court · 1905