Rowell v. Horton
Supreme Court of Vermont
Replevin. Trial by jury, September Term, 1885, Veazey, J., presiding. Verdict pro forma directed for the defendant. To justify the defendant must show that they were legal taxes. Buzzell v. Johnson, 54 Vt. 90; Hoiues v. Bassett, 56 Vt. 141; Iron Works v. Cone, 56 Vt. 603; Hughes v. Vail, 57 Vt. 41. The listers were not properly qualified for their duties, by reason of not having taken the constitutional oath of office.
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Replevin. Trial by jury, September Term, 1885, Veazey, J., presiding. Verdict pro forma directed for the defendant. To justify the defendant must show that they were legal taxes. Buzzell v. Johnson, 54 Vt. 90; Hoiues v. Bassett, 56 Vt. 141; Iron Works v. Cone, 56 Vt. 603; Hughes v. Vail, 57 Vt. 41. The listers were not properly qualified for their duties, by reason of not having taken the constitutional oath of office. There is no excuse from taking the oath of allegiance, except evidence that the officer has before taken it. The clause of the oath of office, “ and will therein do equal right…
1Opinion of the Court
The opinion of the court was delivered by
Walker, J.
This action of replevin is brought to recover the possession of a mare distrained as the property of the plaintiff, and of which he is entitled to the possession unless the defendant’s justification is made out.
The defendant attempts to justify the taking as collector of taxes for the town of Chittenden. As such collector, the defendant had put into his hands by the authorities of the town of Chittenden, certain rate bills of taxes, with warrants attached, assessed upon the grand list of 1883, containing certain taxes against the plaintiff.
To…
2Cases cited2 opinions
- Town of Lemington v. BlodgettSupreme Court of Vermont · 1864
- Howes v. BassettSupreme Court of Vermont · 1883
3Cited by8 opinions
- Charles Ferry v. City of MontpelierSupreme Court of Vermont · 2023
- Bixby v. RoscoeSupreme Court of Vermont · 1911
- Bullock v. Town of GuilfordSupreme Court of Vermont · 1887
- Taylor v. MooreSupreme Court of Vermont · 1890
- Smith v. StannardSupreme Court of Vermont · 1908
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