Phillips v. Bancroft
Supreme Court of Vermont
Appeal in Chancery. Heard on defendant’s demurrer to the bill, at the March Term, 1903, Washington County, Stafford, Chancellor. Pro forma decree sustaining the demurrer and dismissing the bill. The oratrix appealed. The oratrix is entitled to equitable relief. Cooley Tax., 219, 784, 785; Spelling Ex. Rel., s. 641; Judson Tax., ss. 466, 473, 553; and cases cited by these authors. It is the allegation of fraud which gives this Court jurisdiction.
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Appeal in Chancery. Heard on defendant’s demurrer to the bill, at the March Term, 1903, Washington County, Stafford, Chancellor. Pro forma decree sustaining the demurrer and dismissing the bill. The oratrix appealed. The oratrix is entitled to equitable relief. Cooley Tax., 219, 784, 785; Spelling Ex. Rel., s. 641; Judson Tax., ss. 466, 473, 553; and cases cited by these authors. It is the allegation of fraud which gives this Court jurisdiction. Railroad Co. v. Cole, 57 Ill. 591; DuPage County v. Jenks, 65 Ill. 75; Lefferts v. Supervisors, 21 Wis. 688; Railroad v. Nolan, 48 N. Y. 513; State…
1Opinion of the CourtWatson, J.
The oratrix, a resident of Montpelier, seeks an injunction against the collection of taxes assessed against her by the city of Montpelier on the list of 1902. It is contended that the allegations in the bill show such a fraudulent assessment by the listers in making up her list as renders the list, and consequently all taxes assessed thereon, 'invalid; also that, by reason of the fraud thus shown, a Court of equity has jurisdiction, and in’ such circumstances an injunction will issue. The allegations in substance are that the oratrix omitted to malee out, swear ta, and deliver an inventory to…
2Cases cited4 opinions
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
- Camp v. WardSupreme Court of Vermont · 1897
- Fulham v. HoweSupreme Court of Vermont · 1888
- Weatherhead v. Town of GuilfordSupreme Court of Vermont · 1890
3Cited by2 opinions
- Continental Nat. Bank of Salt Lake City v. NaylorUtah Supreme Court · 1919
- Braley v. City of BarreSupreme Court of Vermont · 1914