Adams v. Mack
Superior Court of New Hampshire
Tins was an ‘ction of trespass, against the defendants, for taking and converting to their own use, the plaintiff’s horse.
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Tins was an ‘ction of trespass, against the defendants, for taking and converting to their own use, the plaintiff’s horse. The defendants pleaded in bar, first, that they were selectmen of Londonderry, for the year 1822 ; that “ the town li voted to raise the sum of ⅜2000, for the expenditures of a that year that they duly assessed upon the plaintiff his proportion of the said town tax, and also of the state, county, and school tax ; and that the plaintiff neglecting to pay said taxes, the collector took the said horse, and soid him to pay said taxes. In a second plea the defendants pleaded,…
1Opinion of the CourtRichardson, C. J.
As duplicity is assigned as a cause of demurrer, to.the first plea, we shall consider that objection, before we proceed to examine the matter of the pleas. If *498the plaintiff had complained of the taking only, and had‘alleged no conversion of the horse, it might have deserved* consideration, whether a plea alleging a taking for several taxes, must not have been considered as double. But that is not this case. Here the plaintiff alleges a conversion of the property, and the defendants must justify not only the taking, but the sale of the horse, and the detention of money enough, from the…
2Cases cited1 opinion
- Brackett v. WhiddenSuperior Court of New Hampshire · 1823
3Cited by1 opinion
- Pittsburg v. DanforthSupreme Court of New Hampshire · 1875