6 Vt. 95 | Vt. | 1834
The opinion of the court was pronounced by
— The question in the case is, whether the inhabitants of the town were authorized by law to vote the tax in question. If they were, the proceedings being all regular, the defendant has made out his justification. If they were not, the plaintiffs were entitled to recover. The latter clause of the 16th section of the act relating to town-meetings, is in these words : “ Also to grant or vote any sum or sums of money, to prosecute and defend their common rights and interests.” Was the subject out of which the law-suit grew, which they voted to defend, of such a nature that the town could properly have a right or an interest therein ? What was it ? That one Alger was poor, and had been committed to jail in Burlington, leav
On the trial of this cause, after the plaintiffs had rested, the defendant offered evidence tending to show that the wheat was not rept by Alger — that Thompson and Kimball knew that Lapham & Co. had a previous bill of sale of the wheat, and that no application had been made by Alger to the overseers for assistance ; which evidence being objected to, was rejected by the court. This evidence might, with propriety, have been admitted, as it tended to disprove some part of the previous showing on the part of the plaintiffs; and we incline to think it should have been admitted : But if all that was offered had been shown, still the tax would have been legal, which was the only point in the case. The error of the county court in excluding it was venial, and no wrong has been done that affected the merits of the cause. As to there having been no application by Alger to the pverseers for relief, none was necessary ; at least from him, who was in jail at a distance from his home and family who were relieved. The statute provides that if any poor person shall be under the necessity of immediate' relief, the overseers may draw on the treasurer to a certain amount. Suppose the wheat was not rept by the direction of Alger, and that evidence to this effect had been admitted, there would have been evidence both sides on this point; and should this question have been left to a jury, and the legality of the tax
The judgment of the county court is affirmed.