Legal Opinion

Wilson v. Seavey

Supreme Court of Vermont

Decided August 15, 1865PublishedCited by 8 opinions

Trespass for two oxen. The defendant plead the general issue, and two special pleas. The defendant in his first special plea justified the taking under three rate-bills, one a town tax, another a state tax, and the third a state school tax, the two first with warrants annexed, and the last without a warrant; and in his second plea he justified under the said two rate-bills with warrants annexed.

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Trespass for two oxen. The defendant plead the general issue, and two special pleas. The defendant in his first special plea justified the taking under three rate-bills, one a town tax, another a state tax, and the third a state school tax, the two first with warrants annexed, and the last without a warrant; and in his second plea he justified under the said two rate-bills with warrants annexed. The plaintiff replied to the special pleas — issue was joined on this replication. Trial by jury, June Term, 1864, Roland, Ch. J., presiding. The defendent admitted the taking. The defendant gave in…

1Opinion of the Court

The opinion of the court was delivered by

Peck, J.

The action is trespass for two oxen. The defendant in his second special plea justifies under two rate-bills and warrants against the plaintiff; one a town tax voted and assessed on the gran# list of 1862, the other a state tax for the same year assessed upon the same grand list. The plaintiff in his replication traverses the existence of such list of the plaintiff as is alleged in the defendant’s plea, and also traverses the rate-bills and warrants, upon which issue to the jury is joined.

1. To prove that the plaintiff had such grand list the…

2Cited by8 opinions

  1. Mooney v. Buford & George Manuf'g Co.Court of Appeals for the Seventh Circuit · 1896
  2. Haley v. ElliottSupreme Court of Colorado · 1894
  3. Brock v. BruceSupreme Court of Vermont · 1885
  4. Dickson v. RouseSupreme Court of Missouri · 1883
  5. Hughes v. KelleySupreme Court of Vermont · 1897

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