Dunbar v. City of Boston
Massachusetts Supreme Judicial Court
Contract to recover the amount of a tax paid by the plaintiff after and under arrest, and under protest. Trial in the Superior Court, before Brigham, C. J., without a jury, who ruled that the action -could not be maintained, and found for the defendant.
Read the full summary
Contract to recover the amount of a tax paid by the plaintiff after and under arrest, and under protest. Trial in the Superior Court, before Brigham, C. J., without a jury, who ruled that the action -could not be maintained, and found for the defendant. The plaintiff alleged exceptions, by which it appeared that he admitted the tax was due, but claimed the arrest was illegal because the warrant included taxes assessed and due for four several years, and because the constable and deputy collector who served the warrant arrested him instead of first searching for goods to distrain.
1Opinion of the Court
By the Court.
It is admitted that the taxes, to recover back which this suit is brought, were legally assessed and were due from the plaintiff to the defendant. The constable and deputy collector, to whom the warrant was committed for service, arrested the plaintiff, who thereupon paid the taxes under protest. The only ground upon which he seeks to maintain this suit is that such arrest was illegal.
We have not deemed it necessary to consider this question, because, if the arrest was illegal, the plaintiff cannot maintain this action. The constable and deputy collector, in serving the warrant,…
2Cited by8 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Burr v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Houghton v. City On BostonMassachusetts Supreme Judicial Court · 1893
- Alger v. Inhabitants of EastonMassachusetts Supreme Judicial Court · 1875
3 more not listed; retrieve them via the Exa API.