Woods v. Davis
Supreme Court of New Hampshire
Trespass, assault and battery, and false imprisonment. Tbe plaintiff, at the time of the annual March meeting of the town of Henniker, was an inhabitant of said town and entitled to vote therein. The defendant was the collector of taxes, and had a tax on his list against said plaintiff, which he had duly demanded, but which had not been paid, and which the defendant had a legal warrant to collect.
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Trespass, assault and battery, and false imprisonment. Tbe plaintiff, at the time of the annual March meeting of the town of Henniker, was an inhabitant of said town and entitled to vote therein. The defendant was the collector of taxes, and had a tax on his list against said plaintiff, which he had duly demanded, but which had not been paid, and which the defendant had a legal warrant to collect. On Wednesday, the second day of said March meeting, the defendant arrested the plaintiff by virtue of said warrant, and for the non-payment of said tax, in the entry of the building in which the…
1Opinion of the CourtFowler, J.
By the second section of the 185th chapter of the Rev. Stat. of this State, it is provided that “ no person entitled to vote at any town meeting shall be liable to arrest upon any civil process on the day on which such meeting is heldand the only question raised by the case before us is, whether trespass will lie against a collector, who, on the day of a town meeting, arrests a legal voter thereat, for the non-payment of his taxes.
It is a general principle, well established, that a ministerial *330officer is protected, in the execution of process, whenever there is jurisdiction of the subject…
2Cases cited14 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Parker v. WalrodCourt for the Trial of Impeachments and Correction of Errors · 1836
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- Luddington v. PeckSupreme Court of Connecticut · 1818
- Cable v. CooperNew York Supreme Court · 1818
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