Shaw v. Peckett
Supreme Court of Vermont
Trespass for assault and battery and false imprisonment. The defendants pleaded not guilty, as to the force and arms, or whatever is against the peace, and to the beating, bruising and ill-treatment, and to the residue justified under a warrant of distress for the collection of taxes. The plaintiff filed his replication, to which the defendants demurred.
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Trespass for assault and battery and false imprisonment. The defendants pleaded not guilty, as to the force and arms, or whatever is against the peace, and to the beating, bruising and ill-treatment, and to the residue justified under a warrant of distress for the collection of taxes. The plaintiff filed his replication, to which the defendants demurred. The County Court, January Term, 1853, — Collamer, J., presiding, — adjudged the replication insufficient, and rendered judgment for defendants. Exceptions by plaintiff. On demurrer, defendants’ plea is insufficient. 1st. It does not allege,…
1Opinion of the Court
*426The opinion of the court was delivered by
Redfield, Ch. J.
This is an action for assault and battery and false imprisonment. The plea is an attempt to justify, under a warrant of distress, for the collection of taxes. It appears by the evidence, that the warrant was attempted to be executed more • then three years after it was delivered to the collector, and no sufficient excuse is attempted to be set forth in the plea, for such delay in the execution until after three years. The plea is fatally defective for this reason, unless the defect is supplied in the replication. And we think it is not.…
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