The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1853-03-19
I -IfIIIIIIl 7 4 III
.,oy OF THE SUPREME COURT.

..i.,rarrrehcndcd by all.lt has been thought
a., .able to procure copy of the opinion of
., Co,r, as prepared for the Reporter, and
,.Pri.b it for the benefit of all concerned.
- he seen that the illegalitv of the acts
$50 defendants is clearly and decidedly af-
...o5 while for reasons not very ineligible
,,o7.profe,sional (and perhaps still less
=, ,r-ofrssional,) mind, the judgment was
+, he defendants.
FAT FAIRBANKS X Co.. }
Vn.r, klITEEDGE "t al.
TIL. wa, an action on the case against the
,.:ood,r,. as Listers for the town OF St
,lc.ig~v for the year lS4S. The general
...,o Va, ioincd to the Court, and the follow
acts were found from the evidence:
On the lst dav of April 1913, and fer sew
al wear, previous thereto, the plaintiffs
,.-o rartncrs in business in the manufacture
.;,,aIe>. All Of said firm, except Joseph p.
r,;rFanks. resided on the i>t of April 1913,
slnol district No. !, in St Johnsburv.
,b..-D also were situated all the factories.
f,-rarc, aud other buildings, in which the
,',;,ff, business was carried on and also
.l,;r store and counting room. Joseph F.
Fairbanks. on the i; day Of April 1919. and
- sometime previous thereto, resided in
.to' district No. in St. Johnshurv. The
l.sr!1n-, and one other were duly elected
Lister, Of s. John>hury in March lS4s. and
,o-t,rn,cd the duties of Listers for that wear.
lr,.i. List was signed and sworn to by the
defendant, only The real estate of the plain
~. ~, So in the List at the sum of S23.31O,
S1o.oof which was situated in school district
N . and the remainder in other districts in
IL. town. and was so designated hv the Lis
.e-s The personal estate of the plaintiffs
was aprraiscl at so. 600. three fourths of
which was SET in the List by the Listers in
i..,rlct No l. and one fourth in district No
making the whole amount of the Plaintiffs
-, .ao
The plaintiffs had no personal property stu
.'.;- r"rsonal property was at heir works IN
J.>i-t NO. !, and the remainder was situated
-, :,
W. ''''' o. ' '''''' WI I'll,
was u
''' F''
'''.'- y" .''' ''''' W. ''' Pun i'>' Vi -'"''""
anu ''''. wv "'''''' NV moon ""u''' "'i''
'"N "'> ''''' NV '"'''i'''''e o'
NA''' '''''''' ara ''' i'''''''''S TAX amounted
10 ''r >'''' &" ''''-'' "''''h 'h'y refused to
paw except 'h' '''I" "h''n was raised on the
F'''''''> r''' '>ta'"' winch was situated IN
".' ''''.'" \ rate 'lI' and warrant were
'U'' '''"'' ''''' '>S"'i thereon ana the prop
'''' '' d. / F''r'"'KS was taken and sold toy
'' ''''''' 10 pay IN" same. he sum 50
paw y! a. "'r'a'hS Tor sad fax and costs
was subsequently, pad by the plaintiffs to said
. l. "r'"nNS' before the commencement
o. ihl'>r'' 1t also appeared that a tax was
voted in district No. l. ip1s4e and tax-h;,,
was r,do or, thoroon - uh;oh ~ .,Is:..,n,
','' P',''''''''>
''i' assessed upon SO much OF their List as
was DESIGNATED by the Listers a. belonging
to district No. |. which tax amounted to >f9
o. en- I.r
~ " ''''' va, ''''' "''''> "'''''''''
"'''''- '''' sum :" 9l'o Oh ''f'ho List
which had been 50 designated by the Listers,
as belonging 20 district No. ,. for the nlain-
,iTs personal nro,,or,v-or which .nu.hou
Wv :
-, - VIZ "t' "-''">' me P'i'''''h''
WIN" was No'Nh'ailly pad by them. The
tax SO voted in district No. /. was at the rate
Of IA cents on the dollar Of the Grand List
Ipon ,h. to-cro;,., A.. r
-ord.r.d;n,. 81. No""'! court
r, IL III '"'or OF the defendants
NE '''"Ioh Of the supreme Court was
pronounced At a special Term hold ~ ,1o,.
pelicr, in 1871. BY Rover rb;.s,,,
follows ''''' '"''2e' as
IT,,
,- I'm was an action Of trosnass on the case
"2t,nS' ,he defendants as listers of
Tbo ~" = 81 ~ ''ohnsonry, for the year 1913.
.ror ,.. .II'',"'> were charged with having
,on, J-.u''E 'i'ld'd the plaintiffs list Of per-
H.. ,-a,,r, 10y, designating fourth par; of
w. Inti.'t, aS oG'ng IN school district No
N l;',r;. " NJ \! >non'd nave been designated as
!, , ;. NO. one
Of tho JaS. , POINT OF defence that the duty
WV ,:'''n''t''''' IN reference to the matter