Collamer v. Drury
Supreme Court of Vermont
Trespass for taking certain personal property. Plea, the general issue, with notice that the property in question was taken by the defendant as collector of the town of Barre, by virtue of a regular tax bill and warrant, &c. The taking of the property and its value were admitted by the defendant.
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Trespass for taking certain personal property. Plea, the general issue, with notice that the property in question was taken by the defendant as collector of the town of Barre, by virtue of a regular tax bill and warrant, &c. The taking of the property and its value were admitted by the defendant. The defendant then offered in evidence a regular rate bill and warrant, directed to him as collector, together with transcripts of the records of the town of Barre, from which it appeared that the taxes in question were voted by the town, at their March meeting, 1841, and at a town meeting in…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The question, how far a tax bill and warrant, regular upon their face, are a justification to the collector, is presented for adjudication. The words of the present statute, — Rev. St., p. 377, — are, “No collector shall be liable to any action which shall accrue in consequence of any mistake, mischarge, or overcharge, in the tax bill committed to him for collection.” This provision is substantially the same with that contained in the statute of 1797, and which has been in force ever since that time. It has never been considered, in this…
2Cases cited2 opinions
- Henry v. Town of ChesterSupreme Court of Vermont · 1843
- Inhabitants of Montville v. HaughtonSupreme Court of Connecticut · 1829
3Cited by4 opinions
- Downer v. WoodburySupreme Court of Vermont · 1847
- Downing v. RobertsSupreme Court of Vermont · 1849
- Moss v. HindsSupreme Court of Vermont · 1857
- Hassam v. EdwardsSupreme Court of Vermont · 1876