Davis v. Clements
Superior Court of New Hampshire
The warrant from selectmen to a surveyor of highways to collect highway taxes, need not be under seal. - . The return of a surveyor of highways upon his warrant of his doings is not competent evidence to be offered by him to a jury to prove the facts stated in the return. This was an action of trespass for taking two steers of the plaintiff and converting them to the defendant’s own use.
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The warrant from selectmen to a surveyor of highways to collect highway taxes, need not be under seal. - . The return of a surveyor of highways upon his warrant of his doings is not competent evidence to be offered by him to a jury to prove the facts stated in the return. This was an action of trespass for taking two steers of the plaintiff and converting them to the defendant’s own use. The defendant pleaded that as to the force and arms, &c. he was not guilty; and as to the residue he pleaded in bar that being surveyor of highways, he took the steers as a distress for the non-payment of…
1Opinion of the CourtRichardson, C. J.
The first question which this case presents for our decision, is, whether a sea! is essential to the validity of the warrant of a surveyor of highways? The statute of February 27, 1786, entitled “ an act for mending “and repairing the highways in .this state,”(1) authorizes every town to raise, at their annual meetings in March, such sum of money as they shall think proper for making, mending and repairing highways and bridges ; to be assessed upon the polls and estates of the inhabitants by the selectmen in the same manner the state tax is assessed, and the same act *391provides that said towns…
2Cited by3 opinions
- Sias v. BadgerSuperior Court of New Hampshire · 1833
- Angier v. AshSuperior Court of New Hampshire · 1852
- Thompson v. FellowsSuperior Court of New Hampshire · 1850