Legal Opinion

Rowell v. Horton

Supreme Court of Vermont

Decided January 15, 1885PublishedCited by 3 opinions

Replevin for a wagon. Plea, not guilty. Trial by court, March Term, 1884, Veazey, J., presiding. Judgment for the plaintiff. The defendant was constable and collector of taxes of the town of Chittenden, and collector of school district No. 1 in said town; and justified the taking and détaining said wagon under three several tax-bills and warrants. Two of the warrants were for the collection of school-district taxes, and one warrant for the collection of highway taxes.

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Replevin for a wagon. Plea, not guilty. Trial by court, March Term, 1884, Veazey, J., presiding. Judgment for the plaintiff. The defendant was constable and collector of taxes of the town of Chittenden, and collector of school district No. 1 in said town; and justified the taking and détaining said wagon under three several tax-bills and warrants. Two of the warrants were for the collection of school-district taxes, and one warrant for the collection of highway taxes. As to this last-mentioned warrant the exceptions stated: “ This highway tax was made upon a book that had been used for…

1Opinion of the Court

The'opinion of the court was delivered by

Rowbll, J.

On March 29, 1881, the school district voted to have two terms of school of fourteen weeks each, to commence on the first Monday of May and the first Monday of December respectively, and “to use the public money, and raise the balance on the grand list, for the support of said schools.”

We construe this vote to mean, that the public money should be used towards defraying the expenses of the schools, and that the balance only of such expenses should be defrayed by money raised by taxation.

The statute provides that the prudential committee…

2Cases cited2 opinions

  1. Chandler v. BradishSupreme Court of Vermont · 1851
  2. Wilson v. SeaveySupreme Court of Vermont · 1865

3Cited by3 opinions

  1. Meserve v. FolsomSupreme Court of Vermont · 1890
  2. Brock v. BruceSupreme Court of Vermont · 1885
  3. Roberts v. RemlingerSupreme Court of New Jersey · 1929

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