Buswell v. Fuller
Supreme Judicial Court of Maine
On Exceptions by Dependant. Tbe case appears in tbe opinion. A collector of taxes can justify under tbe warrant committing tbe taxes to bim in all cases except for his own wrong and negligence. It is also well settled that if a collector abuses his authority in the seizure of property for taxes, or neglects to take due and proper care of the property, or in any way neglects his duty to the injury of the property distrained, he thereby becomes a trespasser ab initio.
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On Exceptions by Dependant. Tbe case appears in tbe opinion. A collector of taxes can justify under tbe warrant committing tbe taxes to bim in all cases except for his own wrong and negligence. It is also well settled that if a collector abuses his authority in the seizure of property for taxes, or neglects to take due and proper care of the property, or in any way neglects his duty to the injury of the property distrained, he thereby becomes a trespasser ab initio. Garter v. Allen, 59 Maine, 297 ; Blanchard v. Bow, 82 Maine, 557; Reed v. Sibley, 40 Maine, 356; Bolbier v. Norton, 17 Maine,…
1Opinion of the CourtPeters, C. J.
This is an action of replevin for a horse that was distrained by a town collector for a tax against the plaintiff. The horse, having been kept four days by the collector,, while about to be sold by him at auction was replevied by the owner upon the ground that the horse had not been properly cared for during the four days; the owner alleging that the horse was sound when distrained, and had been injured during the time of his detention by the negligence of the collector. The owner claims that the horse’s hip got out of joint by some accident caused by the fault of the collector. Upon this…
2Cases cited1 opinion
- Collins v. . BennettNew York Court of Appeals · 1871
3Cited by6 opinions
- Chesapeake & Ohio Railway Co. v. Thompson Manufacturing Co.Supreme Court of the United States · 1926
- State v. RandSupreme Judicial Court of Maine · 1981
- Hyer v. Holmes & Co.Court of Appeals of Georgia · 1913
- Southern Pacific Co. v. DiCristinaCourt of Appeals of Georgia · 1927
- National Dock & Storage Warehouse Co. v. United StatesCourt of Appeals for the First Circuit · 1928
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