Walker v. Cochran
Superior Court of New Hampshire
Trespass for taking and converting certain goods and chattels of the plaintiff. The defendants pleaded the general issue, and filed a brief statement, setting forth that as selectmen and assessors of New-Boston, they assessed the plaintiff in the taxes of the town for the year 1830, and that the goods were taken as a distress for the non-payment of said taxes.
Read the full summary
Trespass for taking and converting certain goods and chattels of the plaintiff. The defendants pleaded the general issue, and filed a brief statement, setting forth that as selectmen and assessors of New-Boston, they assessed the plaintiff in the taxes of the town for the year 1830, and that the goods were taken as a distress for the non-payment of said taxes. At the trial, in the common pleas, it appeared in evidence, that on the second day of April, 1830, the defendants called at the house of the plaintiff, in his absence, and that on inquiry for his invoice a member of his family gave in,…
1Opinion of the CourtParker, J.
The plantiff’s invoice was given in, and the selectmen had no right to doom. The plaintiff was not bound to remain at home the whole month of April in order to give it in personally. The selectmen do not appear- to have given notice of any particular time and place when they would meet to receive the invoice of the inhabitants. They called at the house of the plaintiff, and one of his family, in *169his behalf, gave in his invoice, it may be presumed by the plaintiff’s authority. Had none been given in on account of his absence, probably they might have doomed him. 3 Greenleaf 300, Mussey vs.…
2Cases cited8 opinions
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Libby v. BurnhamMassachusetts Supreme Judicial Court · 1818
- Little v. GreenleafMassachusetts Supreme Judicial Court · 1810
- Tucker v. AikenSuperior Court of New Hampshire · 1834
- Agry v. YoungMassachusetts Supreme Judicial Court · 1814
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Henry v. SargeantSuperior Court of New Hampshire · 1843
- Briggs' PetitionSuperior Court of New Hampshire · 1854
- Melvin v. WeareSupreme Court of New Hampshire · 1876
- Bixby v. HarrisSuperior Court of New Hampshire · 1852
- Chase v. SparhawkSuperior Court of New Hampshire · 1850
2 more not listed; retrieve them via the Exa API.