Fuller v. Gould
Supreme Court of Vermont
Trespass on the Case against the defendants, as two of the list-ers of the town of Cabot for the year 1845; and the plaintiff alleged, in his declaration, that the defendants wrongfully assessed him, in the grand list of the town for that year, the sum of twelve hundred dollars for money on hand and debts due, well knowing, that the plaintiff was not liable to be assessed for said sum, — whereby the plaintiff had been subjected to the payment of considerable sums for state,…
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Trespass on the Case against the defendants, as two of the list-ers of the town of Cabot for the year 1845; and the plaintiff alleged, in his declaration, that the defendants wrongfully assessed him, in the grand list of the town for that year, the sum of twelve hundred dollars for money on hand and debts due, well knowing, that the plaintiff was not liable to be assessed for said sum, — whereby the plaintiff had been subjected to the payment of considerable sums for state, school, town and highway taxes, on the list of that year. Plea, the general issue, and trial by jury, June Term, 1847, —…
1Opinion of the Court
The opinion of the court was delivered by
Davis, J.
No question is made, in the present case, but that this action would lie against two of the board of listers, for any acts of omission or commission by them, which would furnish a ground of action, when omitted or done by all. Where, as in this instance, the board consists of but three, the acts of a major part have the same validity, as if done by all. If these defendants, without the concur^ rence of Lyford, the other member, have, under color of their office, done any act, which, if done by all, would subject them to damages, they must be…
2Cases cited3 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Temple v. MeadSupreme Court of Vermont · 1832
- Henry v. EdsonSupreme Court of Vermont · 1830
3Cited by9 opinions
- Galusha v. WendtSupreme Court of Iowa · 1901
- Lander v. SeaverSupreme Court of Vermont · 1859
- Davidson v. WhitehillSupreme Court of Vermont · 1914
- State v. HowardSupreme Court of Vermont · 1909
- Railroad & Telephone Cos. v. Board of Equalizers of TennesseeU.S. Circuit Court for the District of Middle Tennessee · 1897
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