Johnson v. Howard
Supreme Court of Vermont
.Trustee prooess, which was referred to a commissioner to take the disclosure of the trustee and other evidence and report, as provided by law. The commissioner found the following facts : “ Hiram D. Morey was elected first constable of the town of Thetford at the annual March meeting in 1865. He gave bonds and received and receipted for the rate-bill (and warrant) assessed on the list of 1865, and the town has ever since held and now holds that receipt.
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.Trustee prooess, which was referred to a commissioner to take the disclosure of the trustee and other evidence and report, as provided by law. The commissioner found the following facts : “ Hiram D. Morey was elected first constable of the town of Thetford at the annual March meeting in 1865. He gave bonds and received and receipted for the rate-bill (and warrant) assessed on the list of 1865, and the town has ever since held and now holds that receipt. On said rate-bill was a tax against the defendant of $131.88, and there were also taxes against the defendant and other persons jointly…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
Prior to and at the time the process in this •case was served on the town as trustee, said town was owing the defendant the sum of $112 for professional services theretofore rendered. At the same time there was a town tax against the defendant, unpaid, of $131.88. It is claimed that, by virtue of ¡section 52 of chapter 36 of the General Statutes, the town is entitled to apply said tax upon said debt, and, as the tax is larger than the debt, it can not be chargeable as trustee.
Whether it can be so applied, depends upon determining whether the…
2Cases cited1 opinion
- Webster v. SeymourSupreme Court of Vermont · 1836
3Cited by13 opinions
- Crabtree v. MaddenCourt of Appeals for the Eighth Circuit · 1893
- Citizens & Southern Bank v. StateSupreme Court of Georgia · 1921
- Board of County Commissioners v. ClappSupreme Court of Minnesota · 1901
- Town of St. Albans v. National Car Co.Supreme Court of Vermont · 1884
- Noyes v. Village of Hyde ParkSupreme Court of Vermont · 1901
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