Kerr v. Atwood
Massachusetts Supreme Judicial Court
Tort against a constable for alleged unlawful arrest and false imprisonment of tbe plaintiff under a tax warrant on January 14,1903. Writ dated January 15, 1903. At the trial in the Superior Court before Wait, J. the jury returned a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtHammond, J.
In this action to recover damages for an alleged assault and false imprisonment, the defendant pleaded justification under a tax warrant.
It. L. c. 13, § 26, under which the arrest was made, is as follows: “If a person refuses or neglects to pay his tax for fourteen days after demand and the collector cannot find sufficient goods upon which it may be levied, he may take the body of such person and commit him to jail until he pays the tax and charges of commitment and imprisonment, or is discharged according to law.” The main question is whether *507there was evidence from which the jury might find…
2Cases cited3 opinions
- BayleyMassachusetts Supreme Judicial Court · 1882
- Parker v. AbbottMassachusetts Supreme Judicial Court · 1880
- Flint v. WhitneySupreme Court of Vermont · 1856
3Cited by2 opinions
- VautierMassachusetts Supreme Judicial Court · 1960
- Furbush v. ConnollyMassachusetts Supreme Judicial Court · 1945