Legal Opinion

Meserve v. Folsom

Supreme Court of Vermont

Decided October 15, 1890PublishedCited by 13 opinions

This was an action for false imprisonment. Plea, the general issue with notice of special matter in justification. Trial by jury at the December Term, 1887, Caledonia County, Taft, J., presiding. Yerdict and judgment for the defendants. Exceptions by the plaintiff.

Read the full summary

This was an action for false imprisonment. Plea, the general issue with notice of special matter in justification. Trial by jury at the December Term, 1887, Caledonia County, Taft, J., presiding. Yerdict and judgment for the defendants. Exceptions by the plaintiff. The evidence of the plaintiff tended to show that he was •arrested by the defendants, taken by them to the county jail at St. Jolmsbury, delivered into the custody of the jailer, and that he paid a pretended tax of $7.99, and $9.86 costs, $17.85 in all, to avoid being incarcerated in jail. The defendants justified under a tax…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The listers of Wheelock, after making up the plaintiff’s list, notified him in writing that “ agreeable to an act revising, consolidating and amending the laws relating to the grand list and in accordance with section 17 of said act,” they had assessed him in a stated amount for money on hand and debts due, and agreeably to said act had doubled the same, etc.

By this notice the plaintiff could not be misled concerning the proceedings of the listers. The public law of the State is referred to as the basis of their procedure.

Section 17, which…

2Cases cited4 opinions

  1. Eastman v. PremoSupreme Court of Vermont · 1877
  2. Stoughton v. MottSupreme Court of Vermont · 1853
  3. Hurlbut v. GreenSupreme Court of Vermont · 1869
  4. Rowell v. HortonSupreme Court of Vermont · 1885

3Cited by13 opinions

  1. Mattfeld v. NesterSupreme Court of Minnesota · 1948
  2. Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
  3. Paska v. SaundersSupreme Court of Vermont · 1931
  4. Clark v. City of BurlingtonSupreme Court of Vermont · 1928
  5. Prescott-Phœnix Oil & Gas Co. v. Gilliland Oil Co.Court of Appeals of Texas · 1922

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API