Shaw v. Peckett
Supreme Court of Vermont
Trespass for false imprisonment. The defendants filed a special plea, justifying under a tax-bill and warrant. The plaintiff replied and set forth in his replication, that at the time he was arrested in August, 1851, lie handed to the defendant, Gerry, the sum of $13,25, which was the amount of-the tax and costs charged by said defendant, and asked to be discharged ; but, that said defendant refused to discharge the plaintiff from arrest, and for a long time kept the…
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Trespass for false imprisonment. The defendants filed a special plea, justifying under a tax-bill and warrant. The plaintiff replied and set forth in his replication, that at the time he was arrested in August, 1851, lie handed to the defendant, Gerry, the sum of $13,25, which was the amount of-the tax and costs charged by said defendant, and asked to be discharged ; but, that said defendant refused to discharge the plaintiff from arrest, and for a long time kept the plaintiff under arrest and imprisoned; the said defendant refusing to set the plaintiff at liberty until he paid the sum of…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The judgment of the county court in this case must be reversed. The arrest of which the plaintiff complains, is admitted by defendant, Gerry, in this plea, but he justifies the same as collector of taxes. From the facts, which are admitted by the demurrer, it appears that the plaintiff was assessed, in the sum of $11,96, as ^specified in two several rate-bills and warrants, which were issued and placed in the defendant’s hands, as collector; and that for the non-payment of these two taxes the arrest was made.
The legality of the assessments,…
2Cited by29 opinions
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