Legal Opinion

Town of Orange v. City of Barre

Supreme Court of Vermont

Decided July 27, 1921PublishedCited by 6 opinions

Action op Contract for the collection of taxes. Plea, the general issue and notice of defence. Trial by Court at the June Term, 1920, Orange County, Chase, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the case. The statute requiring that real estate shall be set in the list to the last owner or possessor thereof is mandatory, not directory.

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Action op Contract for the collection of taxes. Plea, the general issue and notice of defence. Trial by Court at the June Term, 1920, Orange County, Chase, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the case. The statute requiring that real estate shall be set in the list to the last owner or possessor thereof is mandatory, not directory. State Land v. Mitchell, 162 Ala. 469; State v. Sloss, 87 Ala. 119; Birney v. Warren, 28 Montana, 64; Pfluffer v. Bondics, 42 Tex. Civ. App. 52; Collins v. Reger, 62 W. Ya. 195; Emeric v. Alvarado, 90 Cal. 444;…

1Opinion of the CourtMiles, J.

This is an action in contract for the collection of taxes assessed against the Barre City Water Works as follows:

24^ (acres) and privileges..............$42,250

1 y2 mile piping........................ 2,500

5y2 acres Robinson farm............... 400

$45,150

The case was tried by court, and at the close of all the evidence the defendant moved for judgment. The motion was overruled, and judgment was rendered for the plaintiff. To the overruling of the defendant’s motion and to the judgment rendered the defendant was allowed exceptions, and the case comes here on those exceptions. One of the…

2Cases cited9 opinions

  1. Kaukauna Water Power Co. v. Green Bay & Mississippi Canal Co.Supreme Court of the United States · 1891
  2. Stiles v. Village of NewportSupreme Court of Vermont · 1904
  3. Scott v. St. Johnsbury AcademySupreme Court of Vermont · 1912
  4. Stevenson v. HenkleSupreme Court of Virginia · 1902
  5. Stearns v. City of BarreSupreme Court of Vermont · 1901

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3Cited by6 opinions

  1. Michael Todd Co. v. County of Los AngelesCalifornia Supreme Court · 1962
  2. Robtoy v. City of St. AlbansSupreme Court of Vermont · 1974
  3. Doubleday v. Town of StockbridgeSupreme Court of Vermont · 1937
  4. Spaulding Et Ux. v. City of RutlandSupreme Court of Vermont · 1939
  5. Western Title Guaranty Co. v. County of StanislausCalifornia Court of Appeal · 1974

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