Chase v. Sparhawk
Superior Court of New Hampshire
Trespass, for taking and carrying away a yoke of the plaintiff’s oxen. Plea, the general issue, with a brief statement, setting forth that the defendants were selectmen of Conway, and that said oxen were taken for the payment of the plaintiff’s taxes. The defendants excepted to the form of the action, that it should have been case and not trespass.
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Trespass, for taking and carrying away a yoke of the plaintiff’s oxen. Plea, the general issue, with a brief statement, setting forth that the defendants were selectmen of Conway, and that said oxen were taken for the payment of the plaintiff’s taxes. The defendants excepted to the form of the action, that it should have been case and not trespass. The collector was called as a witness, and testified that he took the property and sold it for the plaintiff’s taxes by the direction of the defendants; that he received from them a warrant, which he produced, and which appeared to be duly sealed…
1Opinion of the CourtWoods, J.
The principal question raised by the case, relates to the sufficiency of the list of taxes committed to the collector, in virtue of which, in connection with the warrant of the defend*138ants, the property was taken, which forms the subject of the present action.
Chap. 43, § 8, of the Rev. Stat. provides, that £<a list of taxes by them assessed shall be made by the selectmen under their hands, with a warrant under their hands and seals, directed to the collector of such town, requiring him to collect the same and to pay over to the State and county treasurers, and to the selectmen or town…
2Cases cited4 opinions
- Henry v. SargeantSuperior Court of New Hampshire · 1843
- Walker v. CochranSuperior Court of New Hampshire · 1835
- Humphry v. StrongMassachusetts Supreme Judicial Court · 1817
- Coventry v. BoscawenSuperior Court of New Hampshire · 1838