Alger v. Inhabitants of Easton
Massachusetts Supreme Judicial Court
Tort for assault and battery and false imprisonment. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff was assessed by the assessors of the defendant town, there being no want of integrity and fidelity on their part, for a poll tax for the year 1873. The assessors duly committed their tax list with their, warrant to the collector of the defendant town.
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Tort for assault and battery and false imprisonment. Trial in the Superior Court, before Aldrich, J., who allowed a bill of exceptions in substance as follows: The plaintiff was assessed by the assessors of the defendant town, there being no want of integrity and fidelity on their part, for a poll tax for the year 1873. The assessors duly committed their tax list with their, warrant to the collector of the defendant town. The collector afterwards duly issued a warrant to Rufus H. Willis, a deputy sheriff, residing in said town of Easton. The deputy, after due notice to the plaintiff, and for…
1Opinion of the CourtGray, C. J.
This action cannot be maintained. The assessors and collectors, though elected by the inhabitants of the town, are not the agents of the town, but are public officers whose duties are prescribed by law. Dunbar v. Boston, 112 Mass. 75. If the tax was illegally assessed upon the plaintiff, his only remedy is by action of contract against the town to recover back the money paid. Baker v. Allen, 21 Pick. 382.
The plaintiff relies upon the case of Durant v. Eaton, 98 Mass. 469, in which, upon facts like those of the present case, an action of tort was brought against the assessors and collector and…
2Cases cited3 opinions
- Loud v. City of CharlestownMassachusetts Supreme Judicial Court · 1868
- Dunbar v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Durant v. EatonMassachusetts Supreme Judicial Court · 1868
3Cited by10 opinions
- Bolster v. City of LawrenceMassachusetts Supreme Judicial Court · 1917
- Tindley v. City of SalemMassachusetts Supreme Judicial Court · 1884
- Burr v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Hathaway v. City of EverettMassachusetts Supreme Judicial Court · 1910
- Simpson v. City of WhatcomWashington Supreme Court · 1903
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