Smith v. Inhabitants of Readfield
Supreme Judicial Court of Maine
At the trial before Whitman C. J. the parties, respectively, introduced their evidence, which was reported in full, and covered more than twenty pages; and they then agreed, that the cause should be taken from the jury; and that the Court should make such inferences from the evidence, as a jury might do, and upon the whole case, enter such judgment as justice and law might require, upon nonsuit or default.
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At the trial before Whitman C. J. the parties, respectively, introduced their evidence, which was reported in full, and covered more than twenty pages; and they then agreed, that the cause should be taken from the jury; and that the Court should make such inferences from the evidence, as a jury might do, and upon the whole case, enter such judgment as justice and law might require, upon nonsuit or default. The view taken of the evidence by the Court, so far as the same was pertinent to the points decided, appears in the opinion of the Court. The case was fully argued, on May 17, 1847, by The…
1Opinion of the Court
The case was continued nisi for advisement, at May Term, 1847; and at the succeeding October Term, the opinion of the Court was delivered, drawn up as follows, by
Shepley J.
The plaintiff claims to recover the amount of *147taxes assessed upon him in the town of Readfield, during the years 1842, 3, 4 and 5, and which have been paid by him to the collectors, and to the surveyors of highways. He proved, that the several sums assessed to be paid in money, had been paid to the persons acting as collectors of taxes. There is no proof, that he was compelled to pay any portion of them by duress of his…
2Cited by8 opinions
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Berry v. DaigleSupreme Judicial Court of Maine · 1974
- Claflin v. McDonoughSupreme Court of Missouri · 1863
- Robins v. LathamSupreme Court of Missouri · 1896
- W. Va. Transportation Co. v. SweetzerWest Virginia Supreme Court · 1885
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