Town of Lemington v. Blodgett
Supreme Court of Vermont
The plaintiffs’ declaration .contained counts in trespass and trover for the taking and conversion of a quantity of brandy and rum. Plea, the general issue with notice that the defendant, as deputy sheriff, attached said liquors as the property of Augustus Osgood, on a writ in favor of Lyman Lumbard and sold the. same on an execution.
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The plaintiffs’ declaration .contained counts in trespass and trover for the taking and conversion of a quantity of brandy and rum. Plea, the general issue with notice that the defendant, as deputy sheriff, attached said liquors as the property of Augustus Osgood, on a writ in favor of Lyman Lumbard and sold the. same on an execution. On the trial, at the September Term, 1863, Poland, Ch. J,, presiding, the plaintiffs offered in evidence the record of the warning and proceedings of the annual March meeting in Lemington in 1862. The defendant objected to the same because it did not appear that…
1Opinion of the CourtBarrett, J.
The record of the warning, dated the 18th-'Of February, for a meeting the 4th of March, and that the inhabitants met *213agreeably to the above notification, and thereupon chose all their town officers, and voted all their taxes, is sufficient, prima facie, to show that the warning was, in fact, posted up in conformity to the provisions of the law.
The law does not require selectmen to be sworn. Even if it did, it would be presumed that they were so sworn, unless the contrary is shown, in cases where they undertake to protect themselves from personal liability by reason of their office.
It was…
2Cited by8 opinions
- Willard v. PikeSupreme Court of Vermont · 1886
- Coolidge v. TaylorSupreme Court of Vermont · 1911
- State v. DaweIdaho Supreme Court · 1918
- Brock v. BruceSupreme Court of Vermont · 1885
- Rowell v. HortonSupreme Court of Vermont · 1886
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