Cavis v. Robertson
Superior Court of New Hampshire
Trespass, for taking and carrying away two oxen of plaintiff, August 24th, 1837, and for taking and carrying away two other oxen of plaintiff, August 28th, 1837. Upon the general issue, and a brief statement, it appeared, on trial, that the defendant acted as collector of Bow in 1836 and 1837, and that he had a warrant, signed by certain persons who acted as selectmen for those years, directed to him as collector, with lists of taxes to be collected, on which the plaintiff’s…
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Trespass, for taking and carrying away two oxen of plaintiff, August 24th, 1837, and for taking and carrying away two other oxen of plaintiff, August 28th, 1837. Upon the general issue, and a brief statement, it appeared, on trial, that the defendant acted as collector of Bow in 1836 and 1837, and that he had a warrant, signed by certain persons who acted as selectmen for those years, directed to him as collector, with lists of taxes to be collected, on which the plaintiff’s name was set against a tax, in 1836, of $25.32, and in 1837, of $43.37. The records of the annual meetings at Bow, in…
1Opinion of the Court
Parker, C. I.
The statute of June 16, 1836. enacts, “that no suit shall be maintained against any collector of 1 taxes, elected by any town in this state, or appointed by 1 the selectmen of any such town to that office, who shall 1 have taken the oath of office prescribed by law, and given ‘ bond according to law ; on the ground, or by reason of any ‘ irregularity or illegality of the proceedings of the town, or ‘ of the selectmen, in his election or appointment, nor for ‘ any cause whatsoever, except such collector’s own wrong ! or illegal conduct.”
If the defendant, in this case, had shown…
2Cited by6 opinions
- Henry v. SargeantSuperior Court of New Hampshire · 1843
- Peterborough v. LancasterSuperior Court of New Hampshire · 1843
- Cass v. BellowsSuperior Court of New Hampshire · 1855
- Gordon v. CliffordSuperior Court of New Hampshire · 1854
- Osgood v. BlakeSuperior Court of New Hampshire · 1850
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