Inhabitants of Gorham v. Hall
Supreme Judicial Court of Maine
On exceptions. Debt on two bonds given by the collector of taxes of Gorham, both bonds having the same sureties. The action was defaulted at the January term, 1868, when Frederick Fox was appointed to assess the damages, who subsequently heard the parties, and made his report at the April term, 1869. The report charged the defendants with the gross amount of C axes committed to the collector for the two years, and credited them by the amount paid to the treasurer, as. by the…
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On exceptions. Debt on two bonds given by the collector of taxes of Gorham, both bonds having the same sureties. The action was defaulted at the January term, 1868, when Frederick Fox was appointed to assess the damages, who subsequently heard the parties, and made his report at the April term, 1869. The report charged the defendants with the gross amount of C axes committed to the collector for the two years, and credited them by the amount paid to the treasurer, as. by the treasurer’s books, leaving a balance against them of $2301.40. The remaining facts sufficiently appear in the opinion.…
1Opinion of the CourtDickerson, J.
Debt on two bonds of the collector of taxes for the years 1860 and 1861. The action was defaulted, and Frederick Fox, Esq., was appointed auditor to assess the damages. The presiding judge refused to allow the defendants’ request to have the damages assessed by a jury, and ordered the auditor’s report to be accepted. The defendants filed exceptions, alleging several grounds of complaint.
1. That the request for a jury to settle the damages ought to have been granted. Whatever may have been the right of the defendants to have the damages assessed by a jury, if they had seasonably applied…
2Cited by1 opinion
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