Hutchinson v. Pratt
Supreme Court of Vermont
Trespass, for taking certain articles of personal property. Plea, Not Guilty, and notice of special matters under said issue by way of justification. — Issue joined to the court. On the trial in the county court the taking was admitted by the defendants. Under said plea and notice, the defendants gave in evidence an act of the legislature of this state, incorporating the village of Woodstock, passed Nov. 11, 1836, which was received without objection.
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Trespass, for taking certain articles of personal property. Plea, Not Guilty, and notice of special matters under said issue by way of justification. — Issue joined to the court. On the trial in the county court the taking was admitted by the defendants. Under said plea and notice, the defendants gave in evidence an act of the legislature of this state, incorporating the village of Woodstock, passed Nov. 11, 1836, which was received without objection. The 4th section of said act of incorporation, among other things, provided that the inhabitants of said village might tax themselves, and levy…
1Opinion of the CourtWilliams, C. J.
In this case the defendants, who are sued as trespassers, defend on the ground that they were trustees of the village of Woodstock, that, acting as such in pursuance of a vote of the village, they made out a rate bilí and warrant, for the collection of a tax, and that the act complained of by the plaintiff, was done by the collector in collecting the tax. The defendants were trustees, duly elected, chosen and qualified. The collector was also duly elected and qualified. No question has been made as to them. The points which are made in this case are, 1st. whether the evidence was proper, or…
2Cited by20 opinions
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