Legal Opinion

Stearns v. Miller

Supreme Court of Vermont

Decided December 15, 1852PublishedCited by 5 opinions

Trespass on the Case. This was an action against the defendants, as listers for the town of Williston, for the year 1847. Plea, general issue, and trial by jury.

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Trespass on the Case. This was an action against the defendants, as listers for the town of Williston, for the year 1847. Plea, general issue, and trial by jury. The declaration is sufficiently set forth in the opinion of the court., On trial, it was admitted by the defendants, that they were listers of the town of Williston, for the year 1847. The plaintiff introduced testimony tending to prove, that on or about the tenth day of April, 1847, he gave to the defendants a list of his property, real and personal, as follows, viz: — 1 Poll, 4 Oxen, 2 Cows, 5 Two Year Olds, 2 Horses, 690 Sheep, 1…

1Opinion of the Court

The opinion of the court was delivered by

Redefield, Ch. J.

This is an action upon the case against the defendants for neglect of duty, in the office of listers of the town of Wllliston, for the year 1847. The first count in the declaration alledges, that the plaintiff was liable to be listed, in that town, that year, for three hundred and fifty acres of land, and no more, and that in proper season, according to the requirements of the statute, he gave in that quantity of land. “ But the defendants well knoio“ing the premises ; but contriving,-and wrongfully and injuriously “ intending to…

2Cited by5 opinions

  1. Davidson v. WhitehillSupreme Court of Vermont · 1914
  2. State v. HowardSupreme Court of Vermont · 1909
  3. Babcock v. Town of GranvilleSupreme Court of Vermont · 1872
  4. Hamilton v. RosenblattMissouri Court of Appeals · 1880
  5. Wilson v. MarshSupreme Court of Vermont · 1861

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