Legal Opinion

Woodard v. Isham

Supreme Court of Vermont

Decided August 15, 1870PublishedCited by 2 opinions

This was an action of replevin for one horse, taken by the defendant on the 13th of July, 1868. The defendant justified the taking under an avowry that he was collector of School District No. 8, in the town of Concord, for the years 1866, 1867, and 1868, and that said horse was taken by him to satisfy taxes assessed in said school district for said years. The plaintiff’s replication was, that said taxes were improperly assessed against him.

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This was an action of replevin for one horse, taken by the defendant on the 13th of July, 1868. The defendant justified the taking under an avowry that he was collector of School District No. 8, in the town of Concord, for the years 1866, 1867, and 1868, and that said horse was taken by him to satisfy taxes assessed in said school district for said years. The plaintiff’s replication was, that said taxes were improperly assessed against him. Said issue was tried by the court at the March term, 1870, Steele, J., presiding. Said taxes were assessed upon the poll of the plaintiff in District No.…

1Opinion of the Court

*124The opinion of the court was delivered by

Wilson, J.

The only question in this case is, whether the plaintiff was taxable in School District No. 8, in Concord, for the years 1866,1867, and 1868. The taxes in question were assessed upon the poll of the plaintiff, in said district, for said years.

Section 43 of chapter 22 of the General Statutes provides that school districts may, by vote, raise money by a tax on the lists of the inhabitants of such districts, for the purposes named in that section, as may be judged necessary or expedient. The plaintiff denies that he was, during the whole or any…

2Cited by2 opinions

  1. Ex parte WhiteDistrict Court, D. New Hampshire · 1915
  2. Hubbard v. NewtonSupreme Court of Vermont · 1880

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