Jones v. Gibson
Superior Court of New Hampshire
THIS was an action of trespass, for taking goods, and was tried on the general issue. f On the trial the plaintiff gave evidence, that in September, 1809, he was appointed an inspector of the revenue, by Joseph Whipple, the collector for the district of New-Hampshire, and had ever since been known as an acting inspector within the district; but gave no evidence that his appointment was made with the approbation of the secretary of the treasury, or that lie had been sworn to…
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THIS was an action of trespass, for taking goods, and was tried on the general issue. f On the trial the plaintiff gave evidence, that in September, 1809, he was appointed an inspector of the revenue, by Joseph Whipple, the collector for the district of New-Hampshire, and had ever since been known as an acting inspector within the district; but gave no evidence that his appointment was made with the approbation of the secretary of the treasury, or that lie had been sworn to a faithful discharge of the duties of the office. The plaintiff also proved that on the 9th of October, 1812, he seized…
1Opinion of the Court
* Bell, J.
The defendant in support of this motion contends that the evidence was not in point of law sufficient to prove that the plaintiff was an inspector, as it neither shew that the plaintiff was appointed by the approbation of the secretary of the treasury, nor that he was sworn into office.
He also contends, that admitting the plaintiff to have been an inspector, the laws of the United States gave him no authority to seize goods imported contrary to law ; but if, as an inspector, he had by law an authority to seize, it could only he done, in a case like the present, under the authority…
2Cases cited1 opinion
- Sailly v. SmithNew York Supreme Court · 1814
3Cited by5 opinions
- Tucker v. AikenSuperior Court of New Hampshire · 1834
- Johnston v. WilsonSuperior Court of New Hampshire · 1820
- State v. WinkleySuperior Court of New Hampshire · 1843
- Baker v. ShephardSuperior Court of New Hampshire · 1851
- Bixby v. HarrisSuperior Court of New Hampshire · 1852