Jewell v. Swain
Supreme Court of New Hampshire
From Grafton Circuit Court. Case, for an excessive and illegal distress. This action was referred, under the act of 1874, to a referee, who found in favor of the defendant, and who, at the plaintiff’s request, reported the following facts found proved by him: “ The defendant was collector of taxes for the town of Warren, in the county of Grafton, for the year 1873, duly qualified ; and the selectmen committed to him a list of taxes for the year 1873, with a warrant for the…
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From Grafton Circuit Court. Case, for an excessive and illegal distress. This action was referred, under the act of 1874, to a referee, who found in favor of the defendant, and who, at the plaintiff’s request, reported the following facts found proved by him: “ The defendant was collector of taxes for the town of Warren, in the county of Grafton, for the year 1873, duly qualified ; and the selectmen committed to him a list of taxes for the year 1873, with a warrant for the collection of the same. It was admitted that the list and warrant were properly signed by the selectmen. Said list…
1Opinion of the CourtSmith, J.
In Thompson v. Currier, 24 N. H. 239, it is said that “ No principle of the law is better settled than that a distressi must not be excessive ; though the collector will not be liable to an action on this ground, unless the taking is obviously excessive, — as, if a man distrain two oxen for twelve pence, or a horse or an ox for a small sum, where a sheep or pig might be taken, because he might have taken a beast of less value. 2 Bac. Ab. 352, Distress, E.; 2 Steph. N. P. 1967 ; Saund. Pl. and Ev. 443.”
The defendant distrained property, exclusive of the horse, of the value of $33, which was…
2Cases cited1 opinion
- Commonwealth v. LightfootCourt of Appeals of Kentucky · 1847