Bates v. Bassett
Supreme Court of Vermont
Replevin for oiie cow, etc., taken by the defendant by virtue of his warrant as constable and collector of taxes. Plea, that the property was taken by defendant, as collector of taxes on a rate bill and warrant. Heard by the court, March Term, 1887, Taut, J., presiding. Judgment for the defendant.
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Replevin for oiie cow, etc., taken by the defendant by virtue of his warrant as constable and collector of taxes. Plea, that the property was taken by defendant, as collector of taxes on a rate bill and warrant. Heard by the court, March Term, 1887, Taut, J., presiding. Judgment for the defendant. It appeared that the town of Barre owned an old town hall in the second story of a building, the lower story of which was owned by another party; that in the winter of 1885, from the accumulation of snow on the roof, the town hall building was crushed in, completely destroying the walls of that part…
1Opinion of the Court
The opinion of the court was delivered by
Powers, J.
It is undeniably true that towns have no power in the absence of special statutory authority to levy taxes upon their inhabitants. It is undeniably true that under such statutory authority they are limited to taxation for municipal or public purposes. It is undeniably true that in the care, preservation and management of their property, whether it consist of buildings, tools, road-machines or anything else, they not only have the clear right, but in justice to the taxpayers, are in duty bound to act with the discretion of a prudent and…
2Cited by35 opinions
- City & County of Denver v. HallettSupreme Court of Colorado · 1905
- Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
- Atlantic Coast Line Railroad v. City of LakelandSupreme Court of Florida · 1927
- Hinesburg Sand & Gravel Co. v. Town of HinesburgSupreme Court of Vermont · 1977
- First Wisconsin National Bank v. Town of CatawbaWisconsin Supreme Court · 1924
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