Legal Opinion

Wheelock v. Archer

Supreme Court of Vermont

Decided March 15, 1854PublishedCited by 7 opinions

Trespass for a wagon, which the defendant, Archer took as collector of school district, No. 13, in Plymouth, the defendant, Wilder assisting the said collector, at his request, in drawing the wagon away.

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Trespass for a wagon, which the defendant, Archer took as collector of school district, No. 13, in Plymouth, the defendant, Wilder assisting the said collector, at his request, in drawing the wagon away. The suit was originally commenced before a justice of the peace, and came to the county court by appeal, and was referred, under a rule of court to a referee, who reported in substance the following facts: That plaintiff proved the taking of the wagon; and that defendant, Archer claimed that he took the same as collector of school district, No. 13, in Plymouth; and defendant Wilder claimed…

1Opinion of the Court

The opinion of the court was delivered by

Isham J.

The case of Downer v. Woodbury, 19 Vt. 329, is decisive in relation to the first objection which has been taken to the proceedings of the constable. It appears from the report that previous to the levy of the warrant on the wagon, the plaintiff had been called upon for payment of the tax, and that he refused to pay it. After that distinct refusal to pay the .tax, it would be a useless-ceremony, to require the collector to give further time, and specify the time and place, when and where he would receive it. It was so held in the case above…

2Cases cited3 opinions

  1. Oystead v. ShedMassachusetts Supreme Judicial Court · 1815
  2. Downer v. WoodburySupreme Court of Vermont · 1847
  3. Spear v. TilsonSupreme Court of Vermont · 1852

3Cited by7 opinions

  1. Town of Brattleboro v. Carpenter Tr.Supreme Court of Vermont · 1932
  2. Hall v. RaySupreme Court of Vermont · 1868
  3. Brush v. WatsonSupreme Court of Vermont · 1908
  4. Hurlbut v. GreenSupreme Court of Vermont · 1869
  5. Stiles v. HitchcockSupreme Court of Vermont · 1875

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