Sheldon v. South School District in the West Society
Supreme Court of Connecticut
This was an action of assumpsit, containing the common money counts, brought to recover the amount of a school-district tax, laid by the defendants.
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This was an action of assumpsit, containing the common money counts, brought to recover the amount of a school-district tax, laid by the defendants. The cause was tried by the jury, at the term of the superior court, holden at Hartford, in January, 1855. On the trial, it was proved that Martin Sheldon, a resident of the district, died in 1848, leaving a large real and personal estate, and by his will the plaintiff was appointed his executor, and made the chief devisee and legatee. Shortly after the death of the father, the plaintiff removed from the district to another district in the same…
1Opinion of the CourtWaite, C. J.
It is unnecessary for us to consider the several questions made by the plaintiff’s counsel, respecting the legality of the tax imposed by the defendants, for however they may be, the plaintiff, upon the facts, presented in the motion, is not entitled to recover. It would be useless for us to send the case back for another trial, upon an erroneous ruling of the judge on the circuit, when we can see, from the case itself, that the verdict must ultimately be the same as at present, in favor of the defendants.
The plaintiff claims to recover money paid by him through one Rose, as his agent, upon a…
2Cases cited1 opinion
- Bulkley v. StewartSupreme Court of Connecticut · 1803
3Cited by21 opinions
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- Underwood Typewriter Co. v. ChamberlainSupreme Court of Connecticut · 1917
- McConnel v. KibbeIllinois Supreme Court · 1864
- Claflin v. McDonoughSupreme Court of Missouri · 1863
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