Bishop v. Cone
Superior Court of New Hampshire
Trespass de bonis asportatis. The defendants pleaded. 1st, the general issue ; 2d, in bar, that at a meeting of the inhabitants of Columbia, duly holden on the second Tuesday of March, 1825, they were duly chosen selectmen of tuai tew», feif-tfcg.jeáf following, as# JSToah Lyman a so-rveyor ©f highways; and fíiui at the same meeting ii was voted to raise ti ■ -oí of ⅜278 9.2, for laying out ami repairing highways ; fb.M es-i ¡he ltt April, 1822, the said selectmen duly…
Read the full summary
Trespass de bonis asportatis. The defendants pleaded. 1st, the general issue ; 2d, in bar, that at a meeting of the inhabitants of Columbia, duly holden on the second Tuesday of March, 1825, they were duly chosen selectmen of tuai tew», feif-tfcg.jeáf following, as# JSToah Lyman a so-rveyor ©f highways; and fíiui at the same meeting ii was voted to raise ti ■ -oí of ⅜278 9.2, for laying out ami repairing highways ; fb.M es-i ¡he ltt April, 1822, the said selectmen duly assessed the said sum upon the pells ant! estates of the inhabitants of Said town,, sui previously to the first day of Jane,…
1Opinion of the Court
Richardson, C. j.
It is contended in this case, that, there was not evidence sufficient to shew, that, the defendants were duly chosen selectmen for the year 1822 ; because there was no evidence to shew7, that the persons who signed the warrant, under which the meeting, at which they were chosen, was held, were selectmen.
As the property of the plaintiff had been taken by a warrant under the hands of the defendants, it was clearly incumbent on them to shew themselves officers de jure, Moore vs. Graves, ante, p. 413. The question then is, was the evidence, on this point, proper to be submitted…
2Cases cited2 opinions
- Welles v. BattelleMassachusetts Supreme Judicial Court · 1814
- Johnston v. WilsonSuperior Court of New Hampshire · 1820
3Cited by5 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Boston Turnpike Co. v. Town of PomfretSupreme Court of Connecticut · 1850
- Scammon v. ScammonSuperior Court of New Hampshire · 1854
- Low v. PettengillSuperior Court of New Hampshire · 1841
- Thornton v. CamptonSuperior Court of New Hampshire · 1845