Bosworth v. Chas. DeF. Bancroft
Supreme Court of Vermont
Case and trover for goods distrained and sold for taxes. Plea, the general issue. Trial by jury at the March Term, 1902, Washington County, Start, J., presiding. Verdict ordered for the defendant, and judgment thereon. The plaintiff excepted. T. J. Deavitt and Bdward H. Deaviit for the plaintiff. The burden of proof is on the defendant, the collector. Fie must show a strict and literal compliance with the requirements of the statute.
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Case and trover for goods distrained and sold for taxes. Plea, the general issue. Trial by jury at the March Term, 1902, Washington County, Start, J., presiding. Verdict ordered for the defendant, and judgment thereon. The plaintiff excepted. T. J. Deavitt and Bdward H. Deaviit for the plaintiff. The burden of proof is on the defendant, the collector. Fie must show a strict and literal compliance with the requirements of the statute. He cannot rely upon a valid warrant, bul must show that all previous proceedings are legal. Collamer v. Drury, 16 Vt. 574; Hathaway v. Goodrich, 5 Vt. 63;…
1Opinion of the CourtRowririri, C. J.
The first two counts are in case, and allege that the defendant, as tax-collector of the city of Montpelier, had in his hands for collection a tax against the plaintiff, and a tax-bill and warrant, good in form but bad in substance, because the tax was illegally assessed, and that he distrained three shares of plaintiff’s bank stock, and wrongfully sold the same to- satisfy the tax. The third count is trover for the same stock. The plea is the general issue.
The plaintiff proved that he owned the stock at the time in question, and it was conceded that the defendant distrained and sold the same…
2Cases cited2 opinions
- Hutchinson v. GrangerSupreme Court of Vermont · 1841
- Bellows Falls Canal Co. v. Town of RockinghamSupreme Court of Vermont · 1865
3Cited by14 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Humphrey v. Twin State Gas & Electric Co.Supreme Court of Vermont · 1927
- Barber v. BaileySupreme Court of Vermont · 1912
- Vaillancourt v. Grand Trunk Railway Co.Supreme Court of Vermont · 1909
- Healey v. CadySupreme Court of Vermont · 1932
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