Town of Hartland v. Hackett
Supreme Court of Vermont
Debt on a constable’s bond. Pleas, general issue, special pleas in bar. Heard on demurrer to defendant Hackett’s fourth special plea, May Term, 1882, Windsor County, Rowell, J., presiding. Demurrer sustained. The defendants — the sureties — filed four special pleas, and said Hackett four. The plaintiff joined issue on the first three, and replied specially to the fourth plea of sureties.
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Debt on a constable’s bond. Pleas, general issue, special pleas in bar. Heard on demurrer to defendant Hackett’s fourth special plea, May Term, 1882, Windsor County, Rowell, J., presiding. Demurrer sustained. The defendants — the sureties — filed four special pleas, and said Hackett four. The plaintiff joined issue on the first three, and replied specially to the fourth plea of sureties. There was a trial, December Term, 1882, on the pleadings other than the demurrer, by the court, Taft, J., presiding. Judgment for the plaintiff. It was conceded, that Hackett was confined in jail over two…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
In the fourth plea of the defendant Hackett, it is alleged, in substance, that on the 3d day of August, 1880, the treasurer of the plaintiff town made his written complaint to T. B. Winn, a justice of the peace within and for the county of Windsor, setting forth that the tax bill of the town of Hartland for the year 1877 was duly delivered -to the defendant Hackett as collector of said town; that said Hackett had failed-to perform according to law the trust committed to him of collecting and paying-over to said town the amount of said tax…
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