Legal Opinion

Blodgett v. Holbrook

Supreme Court of Vermont

Decided August 15, 1866PublishedCited by 9 opinions

This was an action of trespass for a mare. The .defendant pleaded the general issue, and gave notice that he would justify the taking as collector for the town of Lemington upon a tax against the plaintiff. Trial by jury at the September Term, 1865, Poland, Ch. J., presiding.- The defendant admitted the taking of the mare.

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This was an action of trespass for a mare. The .defendant pleaded the general issue, and gave notice that he would justify the taking as collector for the town of Lemington upon a tax against the plaintiff. Trial by jury at the September Term, 1865, Poland, Ch. J., presiding.- The defendant admitted the taking of the mare. The defendant produced his rate bill and warrant, mentioned in his notice, whereupon the plaintiff admitted that the defendant was collector and that all his proceedings in taking and selling said mare, were regular and conformable to law. The only questions made on the…

1Opinion of the Court

*339The opinion of the court was delivered by

Peck, J.

The defendant justifies the taking of the horse in question, as collector under a rate hill and warrant for the collection of a town tax. The questions presented are in relation to the legality of the vote raising the tax, and the validity of the list upon which it was assessed.

The defendant introduced a record of the proceedings of the town at its annual March meeting in 1863, from which' it appears that one of the subjects of the meeting, specified in the warning, was, “to see if the town will raise money to pay the bounty promised to…

2Cases cited1 opinion

  1. Reed v. ChandlerSupreme Court of Vermont · 1859

3Cited by9 opinions

  1. Wilmot v. LathropSupreme Court of Vermont · 1895
  2. Brock v. BruceSupreme Court of Vermont · 1885
  3. Wilson v. WheelerSupreme Court of Vermont · 1882
  4. Meacham v. Town of NewportSupreme Court of Vermont · 1898
  5. Alger v. CurrySupreme Court of Vermont · 1868

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