Downing v. Roberts
Supreme Court of Vermont
Trespass for taking five sheep. Plea, the general issue, with notice, that the defendant would justify the taking as collector of taxes for the town of Washington. Trial by jury, December Term, 1848, — Redeield, J., presiding.
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Trespass for taking five sheep. Plea, the general issue, with notice, that the defendant would justify the taking as collector of taxes for the town of Washington. Trial by jury, December Term, 1848, — Redeield, J., presiding. On trial, after the plaintiff had proved the taking of the sheep by the defendant, and their value, the defendant gave evidence tending to prove, that he was collector of taxes in the town of Washington in 1846'; that on the twenty second day of November, 1845, the town voted to raise a tax of $1350,00; that the plaintiff had a list in town in 1845, amounting to $10,08,…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The views we entertain in this case render it unnecessary for us to express opinions upon all the points, which have been raised and discussed at the bar.
*445The defendant insists, in the first-place, that, inasmuch as he acted under a rate bill and warrant legal upon its face, they furnish a sufficient justification to him for taking the property of the plaintiff. This doctrine has been denied by repeated decisions in this state, — especially by the recent case of Collamer v. Drury, 16 Vt. 574, where, in an action similar to this, it was…
2Cases cited2 opinions
- Henry v. Town of ChesterSupreme Court of Vermont · 1843
- Collamer v. DrurySupreme Court of Vermont · 1844
3Cited by5 opinions
- Willard v. PikeSupreme Court of Vermont · 1886
- Prairie Oil Gas Co. v. Cruce, GovernorSupreme Court of Oklahoma · 1915
- Bellows v. WeeksSupreme Court of Vermont · 1869
- Read v. Town of JamaicaSupreme Court of Vermont · 1868
- Rowe v. HulettSupreme Court of Vermont · 1878