Pickering v. Pickering
Superior Court of New Hampshire
Teespass, de bonis asportatis. The defendants plead the general issue, and filed a brief statement, setting forth that they were duly elected and qualified as the selectmen of the town of Newington, on the 12th day of March, 1839, and at the same time Nathaniel P. Coleman was duly elected surveyor of highways—that a highway tax was legally voted and assessed for that year, and a warrant issued to Coleman to cause the tax to be worked out by those persons assessed in his…
Read the full summary
Teespass, de bonis asportatis. The defendants plead the general issue, and filed a brief statement, setting forth that they were duly elected and qualified as the selectmen of the town of Newington, on the 12th day of March, 1839, and at the same time Nathaniel P. Coleman was duly elected surveyor of highways—that a highway tax was legally voted and assessed for that year, and a warrant issued to Coleman to cause the tax to be worked out by those persons assessed in his district; and that the plaintiff, having refused to work out his tax, or pay the amount assessed against him, after being…
1Opinion of the CourtUpham, J.
This suit is brought against the selectmen of Newington, to recover damage for distraint of property made under the directions of the selectmen, for the collection of a highway tax assessed against the plaintiff. The selectmen were duly elected and qualified, but it is incumbent on them to show farther that the tax assessed by them was duly voted.
It was part of the business of the annual town meeting, as specified in the warrant, “to determine what sum of money should be raised to defray the expenses of the town for the year and under this article a vote was passed “ to raise for the use of…
2Cases cited2 opinions
- Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
- Bradish v. SchenckNew York Supreme Court · 1811
3Cited by2 opinions
- Pickering v. ColemanSuperior Court of New Hampshire · 1841
- Moulton v. RobinsonSuperior Court of New Hampshire · 1853