Marshall v. Wadsworth
Supreme Court of New Hampshire
Petition, for a writ of habeas corpus, alleging that Joseph E. Wood, of Hudson, is illegally imprisoned and detained in the county jail, by David Wadsworth, the jailer.
Read the full summary
Petition, for a writ of habeas corpus, alleging that Joseph E. Wood, of Hudson, is illegally imprisoned and detained in the county jail, by David Wadsworth, the jailer. The defendant justifies the imprisonment by virtue of a certificate of George W. Marshall, Jr., highway surveyor of district No. 6, in Hudson, for the year 1886 — 87, upon a copy of his warrant, of the sum said Wood was taxed for in his list, and that he has taken his body for want of goods and chattels whereon to make distress, and committed him to the jail, and that the defendant detains said Wood in his custody for…
1Opinion of the CourtBlodgett, J.
Collectors of taxes have all the powers vested in constables in the service of civil process (G. L., c. 58, s. 1), and “ For want of goods and chattels whereon to make distress, the collector may take the body of any person neglecting or refusing to pay the tax assessed against him, and commit him to the common jail.” Ib., s. 8. In the collection of highway taxes, assessed on residents and on real estate taxed as resident, surveyors of highways shall have all the powers of and be subject to the same liabilities as collectors of taxes. Ib., c. 72, s. 6. The effect of these provisions…
2Cases cited1 opinion
- Stockett v. Bird's Adm'rCourt of Appeals of Maryland · 1862
3Cited by4 opinions
- Kroell v. New York Ambassador, Inc.Court of Appeals for the Second Circuit · 1939
- Conery v. NoyesSupreme Court of Louisiana · 1865
- Best v. City of BirminghamAlabama Court of Appeals · 1918
- Thompson v. LevyLouisiana Court of Appeal · 1915