Briggs v. Whipple
Supreme Court of Vermont
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
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