Legal Opinion

Slack v. Town of Norwich

Supreme Court of Vermont

Decided February 15, 1860PublishedCited by 5 opinions

Assumpsit. Pleas, the general issue and statute of limitations; replication to second plea a new promise ; and trial by jury, at tlie May Term, 1859, — Redpield, Cli. J., presiding. Tlie plaintiff claimed to recover back from tlie defendant certain sums of money paid by him as taxes upon a school lot leased to and occupied by him, which was by statute exempt from taxation.

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Assumpsit. Pleas, the general issue and statute of limitations; replication to second plea a new promise ; and trial by jury, at tlie May Term, 1859, — Redpield, Cli. J., presiding. Tlie plaintiff claimed to recover back from tlie defendant certain sums of money paid by him as taxes upon a school lot leased to and occupied by him, which was by statute exempt from taxation. It appeared that in 1847 and 1852 there were assessed to the plaintiff, by the listers of Norwich, one hundred and fifty acres of land, which assessment included the school lot of fifty acres, and that the whole was…

1Opinion of the CourtBarrett, J.

The plaintiff seeks to recover for taxes paid by him from 1847 to 1854, inclusive, assessed on fifty acres of school lot, so called, which the defendant concedes was not by law subject to assessment and taxation. Upon the issue formed upon the replication of a new promise to a plea of the statute of limitations, the plaintiff introduced in evidence a copy of the record of a vote passed at an adjourned March meeting of said town, in the year 1855, referring this matter of excessive taxation to the selectmen, no question being made as to its admissibility, or as to the instructions given to the…

2Cases cited3 opinions

  1. Hutchinson v. PrattSupreme Court of Vermont · 1839
  2. Vermont Central Railroad v. Town of BurlingtonSupreme Court of Vermont · 1855
  3. Aldrich v. MorseSupreme Court of Vermont · 1856

3Cited by5 opinions

  1. Board of Com'rs v. Searight Cattle Co.Wyoming Supreme Court · 1892
  2. Walsh v. FarringtonSupreme Court of Vermont · 1933
  3. School District No. 1 v. Town of BridportSupreme Court of Vermont · 1891
  4. Devereaux & Meserve v. FairbanksSupreme Court of Vermont · 1880
  5. S. W. Wiley & Co. v. BrownSupreme Court of Rhode Island · 1894

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