Day v. Peasley
Supreme Court of Vermont
Heard by tlie court at the December Term, 1880, Orange County, Powers, J., presiding. Action, trespass; pleas and notice of justification, setting out that the defendant was constable and collector of the town of Bradford, and that the defendant took the carriage in question by virtue of a tax warrant. Judgment was rendered for the defendant. The case is stated in the opinion. By the act of 1872, No. 58, p. 95, the oath of the listers should have been recorded.
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Heard by tlie court at the December Term, 1880, Orange County, Powers, J., presiding. Action, trespass; pleas and notice of justification, setting out that the defendant was constable and collector of the town of Bradford, and that the defendant took the carriage in question by virtue of a tax warrant. Judgment was rendered for the defendant. The case is stated in the opinion. By the act of 1872, No. 58, p. 95, the oath of the listers should have been recorded. Gen. St. c. 15, s. 16; Ayers v. Moulton 51 Vt. 115; Gardegan v. Page, 6 N. H. 182 ; Gibson v. Bailey, 9 N. H. 168; Cass v. Bellows,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
This was an action of trespass brought to recover for the value of a covered carriage. The defendant justified as constable and collector of taxes under tax warrants, duly and legally issued against the plaintiff for a state, county and town tax. It was admitted that the defendant was, at the time of the taking of the property sought to be recovered for, a legal constable and collector of taxes ; that a tax of one hundred cents on the dollar, was voted by the town of Bradford at the March meeting held.in 1878 ; that the selectmen, listers…
2Cases cited2 opinions
- Town of Lemington v. BlodgettSupreme Court of Vermont · 1864
- Ayers v. MoultonSupreme Court of Vermont · 1878
3Cited by3 opinions
- Wilmot v. LathropSupreme Court of Vermont · 1895
- Brock v. BruceSupreme Court of Vermont · 1885
- Overstreet v. Levee District No. 1Supreme Court of Arkansas · 1906