Smith v. Keniston
Massachusetts Supreme Judicial Court
Tout against the sheriff of Dukes County for false imprisonment of the plaintiff in the jail at Edgartown. The defendant justified under a warrant signed by “ C. G. M. Dunham, Collector of the town of Edgartown,” dated August 14,1866, directing the collection from the plaintiff of a tax assessed on him in Edgartown “for the year 1865 in the lists committed to me for collection by the assessors of Edgartown,” but containing no recital of authority for its issue; and a return…
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Tout against the sheriff of Dukes County for false imprisonment of the plaintiff in the jail at Edgartown. The defendant justified under a warrant signed by “ C. G. M. Dunham, Collector of the town of Edgartown,” dated August 14,1866, directing the collection from the plaintiff of a tax assessed on him in Edgartown “for the year 1865 in the lists committed to me for collection by the assessors of Edgartown,” but containing no recital of authority for its issue; and a return thereon signed by “ Jason L. Dexter, Constable,” that by virtue of the warrant, and for want of goods and estate of the…
1Opinion of the CourtChapman, C. J.
The plaintiff was committed to the custody of the defendant as sheriff, by being committed to the jail, under his charge, on the 15th of August 1866. The commitment was by a constable, by virtue of a warrant issued by Dunham, the collector of taxes for the town of Edgartown for the year 1865. As collector for that year, Dunham had only the ordinary power of a collector of taxes, and this did not include the power to issue suelva warrant. At a town meeting held April 2,1866, the town voted to pay Dunham $125 for collecting taxes the ensuing year, and that he be a constable, with the authority…
2Cited by2 opinions
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