Stetson v. Kempton
Massachusetts Supreme Judicial Court
Trespass against the defendants, for taking and carrying away the plaintiff’s chaise and harness, and converting them to their own use. The plaintiff had died since the last continuance; and, upon motion of his administrator, he was admitted to prosecute the suit, the defendants opposing. The cause was submitted to the determination of the Court upon an agreed statement of the facts, in substance as follows.
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Trespass against the defendants, for taking and carrying away the plaintiff’s chaise and harness, and converting them to their own use. The plaintiff had died since the last continuance; and, upon motion of his administrator, he was admitted to prosecute the suit, the defendants opposing. The cause was submitted to the determination of the Court upon an agreed statement of the facts, in substance as follows. The defendants were duly chosen and qualified as assessors for the town of Fairhaven, for the year 1814, and, on the 8th day of October in that year, in pursuance of the duties of their…
1Opinion of the Court
The action being continued nisi for advisement, the opinion of the Court was delivered at an adjourned session of the last March term in Suffolk, holden in July, by
Parker, C. J.
(After briefly staling the facts.) The principal question which arises out of these facts is, whether the inhabitants *227of the town of Fairhaven had lawful right and authority, in their corporate capacity, to raise money, and to cause it to be assessed upon the polls and estates within the town, for the purpose stated; that is, to give additional wages to the militia, and for other purposes of defence.
The right of towns…
2Cases cited1 opinion
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
3Cited by87 opinions
- Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Duffy v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1919
- Wells v. . Town of SalinaNew York Court of Appeals · 1890
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