Read v. Town of Jamaica
Supreme Court of Vermont
This is an action upon the common counts in assumpsit. Plea, the general issue and trial by jury, at the April Term, 1867, Barrett, J.', presiding.
Read the full summary
This is an action upon the common counts in assumpsit. Plea, the general issue and trial by jury, at the April Term, 1867, Barrett, J.', presiding. Upon the trial, the plaintiff claimed to recover $27.75 collected of him as for town taxes assessed upon the grand list of 1863. $138. collected of him as for town taxes assessed upon the same list; $106 collected of him as for town taxes assessed on the grand list of 1864, and for $177.75 collected of him as for town taxes assessed upon the grand list of 1865, with interest on each of said sums, and called one William H. Carr, as a witness, who…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The plaintiff claims, first, that he is entitled to recover back the tax or sum of $ 138. because it purports, from the certificate of the selectmen, to have been assessed pursuant to a vote of the town, passed December 17, 1863, and the case shows that no such vote was passed; second, that all the taxes paid by him in 1863, 1864 and 1865 were wrongfully collected, because the warrants annexed to the several tax bills were not according to the form prescribed by the act of 1863, and upon this ground he also claims to *631recover back tbe money. .…
2Cases cited6 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- Wickliffe's Executors v. PrestonCourt of Appeals of Kentucky · 1862
- Goodwin v. PerkinsSupreme Court of Vermont · 1867
- Bartlett v. BoydSupreme Court of Vermont · 1861
- Brown v. WrightSupreme Court of Vermont · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wilmot v. LathropSupreme Court of Vermont · 1895
- Brock v. BruceSupreme Court of Vermont · 1885
- Weeks v. BatchelderSupreme Court of Vermont · 1868