Carlton v. Newman
Supreme Judicial Court of Maine
On report of bill, answer and agreed statement of facts. Bill in equity by ten inhabitants and tax payers of school district No. 5, in the town of Weld, against the collector of taxes to restrain him from collecting a school-district tax. The district voted to build a new school-house and voted to raise five hundred dollars for that purpose.
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On report of bill, answer and agreed statement of facts. Bill in equity by ten inhabitants and tax payers of school district No. 5, in the town of Weld, against the collector of taxes to restrain him from collecting a school-district tax. The district voted to build a new school-house and voted to raise five hundred dollars for that purpose. A disagreement arose as to the location, occasioning an appeal to the municipal officers who located and erected a school-house at an expense of eight hundred twenty-five dollars and fifty-six cents, exceeding the district assessment by three hundred two…
1Opinion of the CourtVirgin, J.
While the defendant admits the facts he denies that equity can enjoin the collection of the pretended tax even on the assumption that it was assessed without the authority of law and therefore void; and he contends that the only remedies open to the plaintiffs and all the other tax-payers on whose polls and estates the tax has been assessed are simply such as the law affords, viz. : each to defend the action of debt against himself, provided the collector shall proceed to enforce the collection by such action under the provisions of E. S., c. 6, § 141; or, in case the collector shall resort…
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