Harman v. Inhabitants of New Marlborough

The facts in this case, which was argued by W. Porter, for the plaintiff, and I Sumner, for the defendants, are stated in the opinion of the court, delivered by

Cushing, J.

The present case is an action of assumpsit, brought by the plaintiff to recover back from the defendants a tax which he alleges was levied unlawfully on his poll and estate.

The material facts are these : —

By an act of the legislature, passed on the 24th of May,' 1851, it was provided, among other things, that a part of the town of New Marlborough, with the inhabitants thereon, should be set off from New Marlborough, and…