Henry v. Edson
Supreme Court of Vermont
This was an action on the case, against tbe defendant's, complaining of their proceedings as listers of tbe town of Chester, in 1823. The first count of the declaration set forth, that theplain-tifF was not an inhabitant of said Chester, and .had no property there liable to be taxed, other than what, he had given into the list; that the defendants, well knowing the premises, under color oflaw,set other property to him in the list,stating what,&c.; and, that sundry taxes had…
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This was an action on the case, against tbe defendant's, complaining of their proceedings as listers of tbe town of Chester, in 1823. The first count of the declaration set forth, that theplain-tifF was not an inhabitant of said Chester, and .had no property there liable to be taxed, other than what, he had given into the list; that the defendants, well knowing the premises, under color oflaw,set other property to him in the list,stating what,&c.; and, that sundry taxes had been assessed upon the list, by the defendants returned’tojthe town clerk,rate-bills made ou,t,and warrants,which had…
1Opinion of the Court
The opinion of the Court was pronounced by
Hutchinson, J.
This cause has been argued upon the exceptions, taken and allowed in the county court; also upon a motion in arrest, there overruled. Both centre in one general question, whether this action can be maintained under all its circumstances. And the charge of the court in reference to the kind of action, and the point of malice, present the same questions as the motion in arrest.
We are led to consider the duty and liability of listers, so far as now called in question. It is their duty to collect the lists of the ratable inhabitants, and put…
2Cited by4 opinions
- Bellows v. WeeksSupreme Court of Vermont · 1869
- Fuller v. GouldSupreme Court of Vermont · 1848
- E. & T. Fairbanks & Co. v. KittredgeSupreme Court of Vermont · 1850
- Vermont Fruit Co. v. WilsonSupreme Court of Vermont · 1918