Bates v. Hazeltine
Supreme Court of Vermont
This was an action of trespass for breaking and entering the defendant’s house, taking away his goods, &c. At the trialbefore the County Court, the defendants severallypleaded the general issue with notice, and offered in evidence, by way of justification, a warrant signed by a justice of the peace, directed to the defendant Hazel-tine as the collector of the JVorth Centre District in Essex, for the collection of a certain tax specified in the rate-bill accompanying and…
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This was an action of trespass for breaking and entering the defendant’s house, taking away his goods, &c. At the trialbefore the County Court, the defendants severallypleaded the general issue with notice, and offered in evidence, by way of justification, a warrant signed by a justice of the peace, directed to the defendant Hazel-tine as the collector of the JVorth Centre District in Essex, for the collection of a certain tax specified in the rate-bill accompanying and attached to the warrant, and purporting to be assessed and signed by the committee for said district, in which the defendant…
1Opinion of the CourtTurNeb, J.
The questions presented by the case, are 1. Whether the rate-bill and warrant under which Hazeltine acted, was sufficient without any other-evidence for his justification; and 2. How far Chipman was justified in acting under Haz (dime’s command.
It is a general rule, that wherever a person justifies a taking under any authority whatever, he must show every matter and part of the authority under which he jqstifies. — Sw. Dig. 656. Whatever limitations maybe prescribed to this rule in cases where tire authority is derived from courts of general jurisdiction, it is clear that inregard to courts…
2Cases cited1 opinion
- Phelps v. JohnsonNew York Supreme Court · 1811
3Cited by4 opinions
- Barrett v. CraneSupreme Court of Vermont · 1844
- Kent v. Village of Enosburg FallsSupreme Court of Vermont · 1899
- Waters v. DainesSupreme Court of Vermont · 1832
- Rogers v. BowenSupreme Court of New Hampshire · 1860