Agry v. Young
Massachusetts Supreme Judicial Court
This was an action of the case against the defendants, as assessors of the town of Pittston, for unlawfully assessing the plaintiff in divers taxes for the year 1812, and causing him to be arrested therefor, and compelling him to pay the sums so illegally assessed.
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This was an action of the case against the defendants, as assessors of the town of Pittston, for unlawfully assessing the plaintiff in divers taxes for the year 1812, and causing him to be arrested therefor, and compelling him to pay the sums so illegally assessed. The action was tried upon the general issue, at the last October term in this county, before Parker, J., when a verdict was returned for the plaintiff, subject to the opinion of the Court upon the evidence reported by the judge; from which it appeared that the plaintiff had not been an inhabitant or resident in Pittston for three…
1Per curiam
The practice was formerly to declare in this class of actions in case ; but a decision is recollected by us, that trespass vi et armis was the only proper action, and we must adhere to it. (a)
Judgment arrested.
Coburn vs. Richardson, 16 Mass. Rep. 213. — Pease vs. Whitney, 5 Mass. Rep. 380. — Little vs. Greenleaf & Al. 7 Mass. Rep. 236. — 1 Chitty, 7th ed. 209. — And sec Colman & Al. vs. Anderson, 10 Mass. Rep. 120, n.
2Cases cited3 opinions
- Little v. GreenleafMassachusetts Supreme Judicial Court · 1810
- Pease v. WhitneyMassachusetts Supreme Judicial Court · 1809
- Coburn v. RichardsonMassachusetts Supreme Judicial Court · 1819
3Cited by8 opinions
- Thames Manufacturing Co. v. LathropSupreme Court of Connecticut · 1829
- Brown v. FeeterNew York Supreme Court · 1831
- Brewer v. CaseyMassachusetts Supreme Judicial Court · 1907
- Walker v. CochranSuperior Court of New Hampshire · 1835
- Crandall v. James OthersSupreme Court of Rhode Island · 1859
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