Goodwin v. Perkins
Supreme Court of Vermont
This cause was an action of trespass de bonis asportatis, for taking and driving away a gray mare belonging to the plaintiff. Plea, not guilty, with notice of special matter in justification and defence; and trial by jury at the March Term, 1866, Kellogg, J., presiding.
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This cause was an action of trespass de bonis asportatis, for taking and driving away a gray mare belonging to the plaintiff. Plea, not guilty, with notice of special matter in justification and defence; and trial by jury at the March Term, 1866, Kellogg, J., presiding. On the trial, the defendant justified the alleged taking and driving away of the said horse under and by virtue of a certain rate bill of a tax assessed pursuant to a vote of school district No. 11, in Castle-ton, on the list of the polls and ratable estate liable to taxation in said district for the year 1862, in which list…
1Opinion of the Court
The opinion of the court was delivered by
PlERPOiNT, Ch. J.
It is claimed on the part of the plaintiff that the rate bill and warrant, under which the defendant justifies the taking of the horse in question, cannot be made available for that purpose, for the reason that Stephen Andrus, acting as prudential committee of school district No. 11, in the town of Castleton, in making the certificate which he appended to the rate bill, dated it May 2d, 1852, that time being long prior to his appointment as such committee, and before the grand list for 1862, on which the tax purports to have been…
2Cases cited2 opinions
- Woodcock v. BolsterSupreme Court of Vermont · 1863
- Fletcher v. PrattSupreme Court of Vermont · 1832
3Cited by11 opinions
- Willard v. PikeSupreme Court of Vermont · 1886
- Hovey v. SandersCourt of Appeals of Texas · 1915
- Rowell v. Fuller's EstateSupreme Court of Vermont · 1887
- Morrill v. PalmerSupreme Court of Vermont · 1895
- State ex rel. Bockmeier v. ElyNorth Dakota Supreme Court · 1907
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