Taylor v. Moore
Supreme Court of Vermont
Trespass for tire taking 'of certain personal property. Tke defendant justified under a tax warrant. Trial by jury at the May term, 1887, Windsor county, Walker, J., presiding. Yerdict and judgment for the defendant. The plaintiff excepts. For the purpose of showing that he had duly qualified as constable the defendant was permitted to testify that he had furnished a bond which had been accepted by the selectmen.
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Trespass for tire taking 'of certain personal property. Tke defendant justified under a tax warrant. Trial by jury at the May term, 1887, Windsor county, Walker, J., presiding. Yerdict and judgment for the defendant. The plaintiff excepts. For the purpose of showing that he had duly qualified as constable the defendant was permitted to testify that he had furnished a bond which had been accepted by the selectmen. The plaintiff excepted to. the admission of this evidence for that the bond itself was the best evidence. The town regularly voted to collect its taxes through its '■treasurer, and…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, J.
There was no error in receiving parol evidence that the defendant gave a bond as constable and collector which was accepted by the selectmen. The iderrtity and existence of a *66written instrument, together with the time when it was given and accepted may be shown by parol evidence. The instrument, if produced, might not furnish evidence in these respects. If the contents of the bond had been involved in the inquiry, a different question would have been presented, which might have merited different consideration.
II. The treasurer’s warrant under…
2Cases cited16 opinions
- Boardman v. GoldsmithSupreme Court of Vermont · 1874
- Bent v. BentSupreme Court of Vermont · 1870
- Fulham v. HoweSupreme Court of Vermont · 1888
- Hathaway v. GoodrichSupreme Court of Vermont · 1833
- Smith v. HardSupreme Court of Vermont · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Allen v. HendrickOregon Supreme Court · 1922
- Sharfsin v. United StatesCourt of Appeals for the Fourth Circuit · 1920
- Bixby v. RoscoeSupreme Court of Vermont · 1911
- Smith v. StannardSupreme Court of Vermont · 1908
- Anderson v. DavisWest Virginia Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.