Houston v. Russell
Supreme Court of Vermont
Assumpsit by the collector of school district No. 4, in Victory, against the constable of that town, for non-resident taxes collected' and not paid over to the district. Plea, general issue, with notice that the plaintiff was not the legal collector. Trial by jury, March Term, 1879, Essex County, Powers, J., presiding.
Read the full summary
Assumpsit by the collector of school district No. 4, in Victory, against the constable of that town, for non-resident taxes collected' and not paid over to the district. Plea, general issue, with notice that the plaintiff was not the legal collector. Trial by jury, March Term, 1879, Essex County, Powers, J., presiding. The declaration alleged that on January 1, 1877, Zephaniah C. Chappel was elected collector of said district, and had in his hands a bill of taxes assessed for the support of schools therein; that there were unpaid taxes thereon against non-resident owners of land, &c., to the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. “No proof of any kind was offered to show “ that the plaintiff was ever sworn as collector. The defendant *114“ claimed, after the opening argument had been made, that it must “ appear that the plaintiff was sworn. The court did not regard “ the objection as seasonably made, and ruled it out of time, to “ which defendant excepted.” This is the first exception raised upon the face of the bill of exceptions, and relied upon by the defendant in this court. The plaintiff sues in his capacity of collector of school-district No. 4, in Yictory. It…
2Cases cited2 opinions
- McGregor v. BalchSupreme Court of Vermont · 1842
- Courser v. PowersSupreme Court of Vermont · 1861
3Cited by8 opinions
- Sheldon v. WrightSupreme Court of Vermont · 1907
- Willard v. PikeSupreme Court of Vermont · 1886
- Lynds v. Town of PlymouthSupreme Court of Vermont · 1901
- State v. MarshSupreme Court of Vermont · 1898
- State v. WillettSupreme Court of Vermont · 1905
3 more not listed; retrieve them via the Exa API.