Legal Opinion

Ordway v. Ferrin

Superior Court of New Hampshire

Decided May 15, 1824PublishedCited by 3 opinions

Trespass, for taking and carrying away a heifer of the ■plaintiff, on the 18th March, 1823. The cause was submitted to the decision of the court, upon the following facts. Enos Ferrin was duly appointed and sworn a collector of taxes, for the town of Hebron, for the year 18.22, and had a warrant from the selectmen, in due form, to collect, among others, certain taxes legally assessed upon the plaintiff.

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Trespass, for taking and carrying away a heifer of the ■plaintiff, on the 18th March, 1823. The cause was submitted to the decision of the court, upon the following facts. Enos Ferrin was duly appointed and sworn a collector of taxes, for the town of Hebron, for the year 18.22, and had a warrant from the selectmen, in due form, to collect, among others, certain taxes legally assessed upon the plaintiff. Ferrin, having given the plaintiff fourteen days’ notice, of the sums assessed upon him, and the said Ordway having neglected to pay the same, on the 18th March, 1823, by virtue of the said…

1Opinion of the Court

By the Court.

Our statute provides, that, when goods are distrained for taxes, the collector shall keep the distress, the space of four days, and if the owner, do not pay the taxes and expenses within that time, the collector shall proceed within forty.eight hours, after the expiration of the four days, to sell, at public auction, the distress. In this case, the distress was taken on the 18th of March, and the collector must have kept it the space of four days sometime on the 22rl day of March, and the forty-eight hours, after the expiration of the four days, within which time, he was required…

2Cited by3 opinions

  1. Souhegan Nail, Cotton & Woolen Factory v. McConiheSuperior Court of New Hampshire · 1834
  2. Ferrin v. SymondsSuperior Court of New Hampshire · 1840
  3. Gordon v. CliffordSuperior Court of New Hampshire · 1854

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