Ware v. Percival
Supreme Judicial Court of Maine
ON REPORT. Tbespass for the unlawful conversion of four hundred and thirty-two shares of Maine Central Railroad stock, belonging to the plaintiff, by causing them to he taken and sold to pay a tax assessed by the defendants, in tlieir official capacity as assessors of Watcrville, in 1865, against said Ware, who was not an inhabitant of that town on the first day of April in that year.
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ON REPORT. Tbespass for the unlawful conversion of four hundred and thirty-two shares of Maine Central Railroad stock, belonging to the plaintiff, by causing them to he taken and sold to pay a tax assessed by the defendants, in tlieir official capacity as assessors of Watcrville, in 1865, against said Ware, who was not an inhabitant of that town on the first day of April in that year. The defendants pleaded the general issue and also a former recovery by the plaintiff in an action of assumpsit, brought by him against the town of Waterville, for the sum arising from the sale of this stock and…
1Opinion of the CourtApplbtoN, C. J.
This is an action of trespass for unlawfully taking and carrying away certain shares of the capital stock of the Maine Central Railroad Company, the property of the plaintiff.
The defendants are assessors of the town of Waterville. The plaintiff was assessed by them as one of its inhabitants. Not being one, the assessors had no jurisdiction. A warrant was issued in due form of law to the collector of said town, who seized and sold the stock in controversy, and paid over the proceeds of such sale to its treasurer.
The property of the plaintiff having been seized and sold to pay an illegal…
2Cited by7 opinions
- Porter v. MackWest Virginia Supreme Court · 1901
- Kradoska v. KippSupreme Judicial Court of Maine · 1979
- Ludwick v. . PennySupreme Court of North Carolina · 1911
- Board of Commissioners v. AdlerIndiana Court of Appeals · 1922
- Carey v. CyrSupreme Judicial Court of Maine · 1955
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