Legal Opinion

Briggs v. Whipple

Supreme Court of Vermont

Decided January 15, 1834PublishedCited by 5 opinions

This was. an action of trespass de bonis asportatis tried in the county court. The defendant justified as collector of taxes for the town of Richmond, having seized the goods by virtue of a regular rate-bill and warrant to collect a town tax which was laid in regular town meeting under the following circumstances: One Alger was poor, and had been committed to jail in Burlington, leaving his family in a destitute condition.

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This was. an action of trespass de bonis asportatis tried in the county court. The defendant justified as collector of taxes for the town of Richmond, having seized the goods by virtue of a regular rate-bill and warrant to collect a town tax which was laid in regular town meeting under the following circumstances: One Alger was poor, and had been committed to jail in Burlington, leaving his family in a destitute condition. Thompson and Kimball, as overseers of the poor, assisted the family of Alger, and by his directions rept the wheat and credited the avails to the town. For this reaping,…

1Opinion of the Court

The opinion of the court was pronounced by

Mattocks, J.

— The question in the case is, whether the inhabitants of the town were authorized by law to vote the tax in question. If they were, the proceedings being all regular, the defendant has made out his justification. If they were not, the plaintiffs were entitled to recover. The latter clause of the 16th section of the act relating to town-meetings, is in these words : “ Also to grant or vote any sum or sums of money, to prosecute and defend their common rights and interests.” Was the subject out of which the law-suit grew, which they voted…

2Cited by5 opinions

  1. Peck v. SpencerSupreme Court of Florida · 1890
  2. Cullen v. Town of CarthageIndiana Supreme Court · 1885
  3. Sheldon & Cushman v. Town of BenningtonSupreme Court of Vermont · 1895
  4. Cheesebrew v. Town of Point PleasantWest Virginia Supreme Court · 1912
  5. Grim v. LeeSupreme Court of Rhode Island · 1912

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