Butler v. Washburn
Superior Court of New Hampshire
Trespass, for an assault and battery and false imprisonment. Plea, the general issue, accompanied by a brief statement, setting forth that at the time of the alleged trespass, the defendant was collector of taxes of the town of Pitts-burg, and that whatever was done by him was done as- such collector, in endeavoring to collect a tax of the plaintiff.
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Trespass, for an assault and battery and false imprisonment. Plea, the general issue, accompanied by a brief statement, setting forth that at the time of the alleged trespass, the defendant was collector of taxes of the town of Pitts-burg, and that whatever was done by him was done as- such collector, in endeavoring to collect a tax of the plaintiff. Among other evidence introduced upon the trial, it appeared that the town at their annual meeting, in March, 1848, neglected to choose a collector, and voted that the selectmen appoint one; that the selectmen for that year accordingly consulted…
1Opinion of the CourtEastman, J.
The first three exceptions taken in this case are substantially settled by the Revised Statutes. By chap. 1, sec. 13, it is enacted that all words purporting to give a joint authority to three or more public officers, shall be construed as giving such authority to a majority of them, unless otherwise expressly declared. And by \ 2, chap. 34, it is provided that a majority of the selectmen shall be competent to act in all cases.
The appointment of the collector was therefore legally signed, as were also the warrant and tax bill; and the bond was approved by sufficient authority. Two of the…
2Cases cited4 opinions
- Little v. President of Newburyport BankMassachusetts Supreme Judicial Court · 1817
- Brinley v. AllenMassachusetts Supreme Judicial Court · 1801
- Pike v. HansonSuperior Court of New Hampshire · 1838
- Ballou v. KipNew York Supreme Court · 1810