Chapman v. Inhabitants of Limerick

—This case is submitted to the Court, with jury-powers. The whole evidence is reported. The action is instituted to recover back the amount of a tax, which the defendant alleges was illegally raised, assessed and levied. Several objections have been made to the legality of the town meeting at which the tax was voted.

The first objection is that it does not appear that the moderator was duly sworn. This is required by-c. 3, § 19, R. S. The record is silent on the subject. The defendants offer certain parol evidence to prove that he was in fact sworn " by a justice of the peace, or by the person…