Scammon v. Scammon
Superior Court of New Hampshire
Trespass, for taking and carrying away certain of the plaintiff’s cattle. Plea, the general issue, with a brief statement, setting forth that the defendants, as selectmen and assessors of taxes, in the town of Stratham for the year 1849, lawfully assessed a tax against the plaintiff, a citizen of said town, and committed the same, with their warrant, for the collection thereof, to the collector of taxes, by whom said cattle were distrained for non-payment of said tax.
Read the full summary
Trespass, for taking and carrying away certain of the plaintiff’s cattle. Plea, the general issue, with a brief statement, setting forth that the defendants, as selectmen and assessors of taxes, in the town of Stratham for the year 1849, lawfully assessed a tax against the plaintiff, a citizen of said town, and committed the same, with their warrant, for the collection thereof, to the collector of taxes, by whom said cattle were distrained for non-payment of said tax. Upon the trial, the defendants, for the purpose of proving their election as selectmen, produced the records of said town,…
1Opinion of the CourtBell, J.
The firs! objection to the tax under which the defendants justify, is that the warrant for the town-meeting was not posted in a public place. It is returned to have been posted at the Baptist meeting-house. It is said such a meeting-house is not necessarily a public place, and this is true. But we understand it to have been settled here that houses of public worship are ordinarily and prima facie to be regarded as public places. In Tidd v. Smith, 3 N. H. Rep. 181, Richardson, C. J., says," the general understanding of the community on a question of this nature is entitled to much respect, and…
2Cases cited12 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Proprietors of Cardigan v. PageSuperior Court of New Hampshire · 1833
- Tucker v. AikenSuperior Court of New Hampshire · 1834
- Bishop v. ConeSuperior Court of New Hampshire · 1826
- Blake v. SturtevantSuperior Court of New Hampshire · 1842
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Paul v. LinscottSupreme Court of New Hampshire · 1876
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Fletcher v. ThompsonSupreme Court of New Hampshire · 1875