Senna v. Kennedy
Supreme Court of Vermont
A town cannot be held liable as trustee for compensation due one of its listers for services, if the same was voted after the service of the writ upon it, for nothing would be due absolutely at the time of service. Assumpsit.. Heard upon the report of a commissioner at the September term, 1895, Franklin county, Munson, J., presiding. Judgment that the trustee is chargable. The. trustee excepts.
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A town cannot be held liable as trustee for compensation due one of its listers for services, if the same was voted after the service of the writ upon it, for nothing would be due absolutely at the time of service. Assumpsit.. Heard upon the report of a commissioner at the September term, 1895, Franklin county, Munson, J., presiding. Judgment that the trustee is chargable. The. trustee excepts. The town owed the defendant nothing when the writ was served, and cannot be held liable as trustee. V. S., s. 1305 ; Williams v. Boardman & Trustee, 9 Allen 57° 5 Walker v. Cook & Trustee, 129 Mass.…
1Opinion of the CourtStart, J.
The defendant was- elected one of the trustee’s listers in March, 1892. He took the oath of office, and also took and subscribed to the oath required to be attached to the list, as made and returned to the town clerk’s office. The writ was served on the 24th day of May, 1892, and in March, 1893, the trustee voted to pay the defendant, as lister, $90. There was no evidence except as above stated, that the defendant performed the duties of a lister for the trustee. If the above facts were not admissible for. the purpose of showing that the defendant rendered services as lister, the commissioner…
2Cases cited2 opinions
- Boyden v. Town of BrooklineSupreme Court of Vermont · 1836
- Barnes v. Town of BakersfieldSupreme Court of Vermont · 1885
3Cited by1 opinion
- Island Pond National Bank v. ChaseSupreme Court of Vermont · 1928