Legal Opinion

Buchanan v. Cook

Supreme Court of Vermont

Decided October 15, 1897PublishedCited by 10 opinions

Assumpsit. Plea, the general issue. Trial by jury at the March Term, 1896, Washington County, Ross, C. J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The action was brought to recover a tax alleged to have been voted and assessed upon the grand list of 1894.

1Opinion of the CourtRowell, J.

This is assumpsit for the collection of a village tax of the village of Barre.

The village voted that “the taxes be paid to the treasurer,” but there was nothing in the warning authorizing the vote. The plaintiff offered in evidence a list of the delinquent taxpayers of the village, with the village treasurer’s warrant for the collection of the taxes thereto attached, to which the defendant objected, because they did not show an assessment of the taxes by any proper authority. The plaintiff’s attorney thereupon stated that the certified copy of the records of the village meeting showed that…

2Cases cited6 opinions

  1. Anderson v. . HowNew York Court of Appeals · 1889
  2. Willard v. PikeSupreme Court of Vermont · 1886
  3. Hill v. CoxSupreme Court of Vermont · 1882
  4. Wilmot v. LathropSupreme Court of Vermont · 1895
  5. Newell v. Town of WhitinghamSupreme Court of Vermont · 1885

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3Cited by10 opinions

  1. In re CoteSupreme Court of Vermont · 1918
  2. Louis Pizitz Dry Goods Co. v. Fidelity & Deposit Co.Supreme Court of Alabama · 1931
  3. State v. Burlington Drug Co.Supreme Court of Vermont · 1911
  4. Town of Brattleboro v. Carpenter Tr.Supreme Court of Vermont · 1932
  5. Callahan, B.N.F. v. DisordaSupreme Court of Vermont · 1940

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