Legal Opinion

Melvin v. Weare

Supreme Court of New Hampshire

Decided March 21, 1876PublishedCited by 4 opinions

From Hillsborough Circuit Court. Petition, for the abatement of taxes, entered at September term, 1874. On April 1, 1874, and for a week following, the selectmen of Weare, from day to day, called upon the property-holders in town to ascertain facts from which to make their inventory. April 2 they called upon Melvin to ascertain from him what personal and real estate he owned in town liable to be taxed.

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From Hillsborough Circuit Court. Petition, for the abatement of taxes, entered at September term, 1874. On April 1, 1874, and for a week following, the selectmen of Weare, from day to day, called upon the property-holders in town to ascertain facts from which to make their inventory. April 2 they called upon Melvin to ascertain from him what personal and real estate he owned in town liable to be taxed. There was nothing said about his making a statement under oath relative to his property liable to be taxed. He, upon inquiry, said that his real estate was the same as it was the year before,…

1Opinion of the Court

FROM HILLSBOROUGH CIRCUIT COURT. The defendants object that the plaintiff is not entitled to be heard upon this petition, because he has not complied with the requirements of ch. 51, sec. 4, of the General Statutes. The plaintiff insists that this objection comes too late. No question is made that the plaintiff applied to the selectmen to abate the excessive tax of which he complains, and that this petition was seasonably filed in court because of the neglect of the selectmen to grant the relief prayed for. No objection was made, such as is now raised, when the petition was referred to a…

2Cases cited3 opinions

  1. Tucker v. AikenSuperior Court of New Hampshire · 1834
  2. Walker v. CochranSuperior Court of New Hampshire · 1835
  3. Wentworth v. FarmingtonSupreme Court of New Hampshire · 1871

3Cited by4 opinions

  1. Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
  2. Amoskeag Manufacturing Co. v. ManchesterSupreme Court of New Hampshire · 1899
  3. Arlington Mills v. SalemSupreme Court of New Hampshire · 1927
  4. Kent v. ExeterSupreme Court of New Hampshire · 1896

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