Legal Opinion

Vermont Central Railroad v. Town of Burlington

Supreme Court of Vermont

Decided December 15, 1855PublishedCited by 19 opinions

Assumpsit for money had and received, money paid, &c., and trial by tbe court, November Term, 1855, upon tbe following agreed statement of facts. On tbe 15th of June, 1854, S. W. Taylor, who was then the constable of Burlington, bad in bis bands rate bills and warrants for tbe collection of several state, state school, county, town and highway taxes assessed against tbe plaintiffs in tbe town of Burlington.

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Assumpsit for money had and received, money paid, &c., and trial by tbe court, November Term, 1855, upon tbe following agreed statement of facts. On tbe 15th of June, 1854, S. W. Taylor, who was then the constable of Burlington, bad in bis bands rate bills and warrants for tbe collection of several state, state school, county, town and highway taxes assessed against tbe plaintiffs in tbe town of Burlington. He bad then levied upon and advertised property of tbe plaintiffs, to satisfy said taxes and bis fees for collecting them. On that .day, tbe plaintiffs paid the amount of said taxes and…

1Opinion of the Court

The opinion of the court was delivered, at the circuit session in September, 1856, by

Isham, J.

This action is brought to recover the money which was paid by the plaintiffs in discharge of taxes assessed upon their property by the selectmen of the town of Burlington. The money was paid under protest; and, if the taxes were laid in whole or in part on property exempt from such assessments, the plaintiffs are entitled to recover. The 17th section of the charter of this company provides that, “ The stock, property and effects of the com- “ pany shall be exempt from all taxes levied by, or under…

2Cases cited1 opinion

  1. Spear v. Town of BraintreeSupreme Court of Vermont · 1852

3Cited by19 opinions

  1. Bank v. TennesseeSupreme Court of the United States · 1882
  2. Board of Com'rs v. Searight Cattle Co.Wyoming Supreme Court · 1892
  3. Eldridge v. SmithSupreme Court of Vermont · 1861
  4. County of Todd v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
  5. Duluth, South Shore & Atlantic Railway Co. v. Douglas CountyWisconsin Supreme Court · 1899

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