Sawyer v. Nashua
Supreme Court of New Hampshire
Appeal, from the refusal of the tax assessors of Nashua to abate a tax. Facts agreed. The tax was assessed upon bonds of the par value of $4,500, and appraised at $3,250, issued by the N. & R. R. R. Co., pursuant to the statutes of 1873, c. 139. The money raised from the bonds was used in the construction of the road, and is a part of the capital so used.
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Appeal, from the refusal of the tax assessors of Nashua to abate a tax. Facts agreed. The tax was assessed upon bonds of the par value of $4,500, and appraised at $3,250, issued by the N. & R. R. R. Co., pursuant to the statutes of 1873, c. 139. The money raised from the bonds was used in the construction of the road, and is a part of the capital so used. The road was commenced in 1872, and opened to the public in 1874. The plaintiff complied with all the statute requirements, but the assessors refused to abate the tax.
1Opinion of the CourtSmith, J.
“ Railroads and the stock therein shall be taxed only in the mode specially prescribed therefor, except for real estate as provided in section 5 of this chapter.” Gf. L., c. 58, s. 9. Section 5 provides for taxing as real estate “ the real estate of railroads, not used for the ordinary and usual purposes in operating the roads, and all real estate so used for which no part of the capital was expended, so that the same may be included in the special assessment provided by law in the case of railroads.” The mode specially provided for the assessment of railroads is found in Gen. Laws, c. 62, s.…
2Cited by2 opinions
- Conner v. StateSupreme Court of New Hampshire · 1925
- Glidden v. NewportSupreme Court of New Hampshire · 1907