Bixby v. Harris
Superior Court of New Hampshire
Case. The action was brought before a justice of the peace against the defendant for issuing, on the 13th of June, 1850, illegally and without right, -a warrant against the plaintiff for the collection of a military fine, for nonattendance at the May training, 1850, and for committing said warrant to one L. F. Jewell, clerk of the 4th company in the 13th regiment of New Hampshire militia, who after-wards, on the 17th day of the same June, arrested the plaintiff by virtue of…
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Case. The action was brought before a justice of the peace against the defendant for issuing, on the 13th of June, 1850, illegally and without right, -a warrant against the plaintiff for the collection of a military fine, for nonattendance at the May training, 1850, and for committing said warrant to one L. F. Jewell, clerk of the 4th company in the 13th regiment of New Hampshire militia, who after-wards, on the 17th day of the same June, arrested the plaintiff by virtue of said warrant, and held him in custody three hours, and until he paid the fine and costs, amounting in all to $5,62. The…
1Opinion of the CourtBell, J.
The principal objection insisted upon in this case is to the form of the action, but we consider it settled in this State, that where the goods of a person are seized, or his person is arrested to compel the payment of an illegal tax, or of a tax illegally assessed, the injured party has his élection to treat the wrongful assessment as the cause of the injury and to declare in case, or to regard the seizure or the arrest by the collector as the act of the selectmen and declare in trespass. Walker v. Cochran, 8 N. H. Rep. 166; Gilson v. Fisk, 8 N. H. Rep. 404; Henry v. Sargeant, 13 N. H. Rep.…
2Cases cited10 opinions
- Tucker v. AikenSuperior Court of New Hampshire · 1834
- Johnston v. WilsonSuperior Court of New Hampshire · 1820
- Henry v. SargeantSuperior Court of New Hampshire · 1843
- Moore v. GravesSuperior Court of New Hampshire · 1826
- Morse v. CalleySuperior Court of New Hampshire · 1830
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3Cited by1 opinion
- Clarke v. ManchesterSupreme Court of New Hampshire · 1876