Crandall v. James Others
Supreme Court of Rhode Island
Trespass against the defendants as trustees of school district, No. 2, in the town of Exeter, for unlawfully assessing a tax upon the plaintiff’s property within said district, and issuing to the district collector a warrant therefore, upon which he took and sold the plaintiff’s cow.
Read the full summary
Trespass against the defendants as trustees of school district, No. 2, in the town of Exeter, for unlawfully assessing a tax upon the plaintiff’s property within said district, and issuing to the district collector a warrant therefore, upon which he took and sold the plaintiff’s cow. At the trial of the case, under the general issue at the May term, 1859, of the court of common pleas for the county of Washington, before Mr. Justice Shearman, with a jury — the plaintiff offered in support of the action, the-statement of facts and decision of the commissioner of public schools — confirmed by…
1Opinion of the CourtAmes, C. J.
The first exception taken in this case, which supposes that the court below erred, in holding the action of trespass to be appropriate to it, cannot be maintained. The law, for the sake of the remedy, regards those who under color of office do, or order to be done, that which their authority does not warrant, as mere wrongdoers; and if the act be forcible, such as the arrest of a person, or the taking and carrying away of his property, as co-trespassers; in which relation all that take part in the forcible act, either as advisers or actors, are principals. Upon the supposition, therefore,…
2Cases cited1 opinion
- Agry v. YoungMassachusetts Supreme Judicial Court · 1814
3Cited by3 opinions
- School Committee of Providence v. Board of Regents for EducationSupreme Court of Rhode Island · 1981
- Sonleitner v. Superior CourtCalifornia Court of Appeal · 1958
- The Collection of the Poll-TaxSupreme Court of Rhode Island · 1899