Foot v. Cady
Connecticut Superior Court
ERROR, complaining of a judgment of a justice in an action brought by Cady against said Eoot et al., a society called Mr. Foster’s adherents, for inserting his name in, a rate-bill and collecting it, which was granted to pay Mr. Foster’s salary.
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ERROR, complaining of a judgment of a justice in an action brought by Cady against said Eoot et al., a society called Mr. Foster’s adherents, for inserting his name in, a rate-bill and collecting it, which was granted to pay Mr. Foster’s salary. The defendants plead —■ That they did insert his name in said rate-bill with his rate annexed to it and have collected it, which.'they had good right to do; for- that said Oady was one of Mr. Foster’s adherents, and by the law constituting them a society was made liable to' be taxed for his support. The plaintiff traversed this plea, and issue was…
1Opinion of the Court
By the Court.
It may not be done unless he has some written minutes or memorandum to amend by.
Judgment — Manifest error. Every issue in fact joined to the court or jury must be directly answered. That the defendants laid and collected said tax without law and right, is an inference of law; but the most material fact put in issue, viz. that said Oady was one of Mr. Foster’s adherents, the justice has not found, and without which it is impossible to know whether the inference he has made is right or wrong.
2Cited by4 opinions
- Waldo v. SpencerSupreme Court of Connecticut · 1821
- Wilkie v. HallSupreme Court of Connecticut · 1842
- Sanford v. SanfordSupreme Court of Connecticut · 1859
- Hill v. HooverWisconsin Supreme Court · 1856