Griswold v. Town of Rutland
Supreme Court of Vermont
Audita Querela. The complainant alleged, in his declaration, that he was summoned by the town of Rutland to appear before a justice of the peace, to show cause why an extent should not issue against him for arrears of taxes upon the rate bills for four years, committed to him as collector of taxes for the town of Rutland; that the complainant appeared, and a trial was had, and the justice adjudged the complainant delinquent in the collection and payment of taxes, assessed…
Read the full summary
Audita Querela. The complainant alleged, in his declaration, that he was summoned by the town of Rutland to appear before a justice of the peace, to show cause why an extent should not issue against him for arrears of taxes upon the rate bills for four years, committed to him as collector of taxes for the town of Rutland; that the complainant appeared, and a trial was had, and the justice adjudged the complainant delinquent in the collection and payment of taxes, assessed upon the grand list of 1847, in the sum of $2780,71 ; that from this adjudication the complainant prayed an appeal to the…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This was an audita querela, to set aside an extent issued by a justice of the peace, pursuant to the statute authorizing *326extents against delinquent collectors of town taxes. The defendant demurred to the declaration, and the county court adjudged the same insufficent. It is urged in support of the demurrer, that sufficient matter is not set forth in the complaint to sustain this process, and that audita querela is not the appropriate remedy for the injury of which the plaintiff complains.
Ifr was said by the court, in Little v. Cook, 1 Aik.…
2Cases cited2 opinions
- Little v. CookSupreme Court of Vermont · 1826
- Staniford v. BarrySupreme Court of Vermont · 1825
3Cited by7 opinions
- In re HackettSupreme Court of Vermont · 1881
- Hackett v. AmsdenSupreme Court of Vermont · 1883
- Harriman v. SwiftSupreme Court of Vermont · 1858
- Johnson v. RobertsSupreme Court of Vermont · 1886
- State v. Klondike MachineSupreme Court of Vermont · 1904
2 more not listed; retrieve them via the Exa API.