Howard v. Shumway
Supreme Court of Vermont
Trespass on the case, against the defendants for illegally assessing and adding to the plaintiff’s list of 1836, the sum of sixty-five dollars, for two-folds, the defendants being then listers of the town of Jamaica, by reason of which illegal assessment the plaintiff had suffered damage by being compelled to pay taxes on such list. The defendants pleaded not guilty and a special plea in bar.
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Trespass on the case, against the defendants for illegally assessing and adding to the plaintiff’s list of 1836, the sum of sixty-five dollars, for two-folds, the defendants being then listers of the town of Jamaica, by reason of which illegal assessment the plaintiff had suffered damage by being compelled to pay taxes on such list. The defendants pleaded not guilty and a special plea in bar. The plaintiff demurred to the special plea, and the defendants joined in the demurrer. The substance of that part of the special plea upon which the case was decided, sufficiently appears from the…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The plea in bar, among other things, alleges that the defendants, being listers, &c., on the 10th day of September, 1836, set in the general list of the town the list of the plaintiff, and then and there added his two-fold, and on the 10th day of the December following delivered the grand list of the town to the town clerk. There is no averment in the plea that the defendants lodged the list of this plaintiff with the town clerk, on or before the 20th of June, or at any other time, for his inspection, and the important question on these…
2Cited by1 opinion
- E. & T. Fairbanks & Co. v. KittredgeSupreme Court of Vermont · 1850