Town of Winchester v. Stockwell
Decision Date | 05 October 1909 |
Parties | TOWN OF WINCHESTER v. STOCKWELL. |
Court | New Hampshire Supreme Court |
Transferred from Superior Court, Cheshire County; Chamberlain, Judge.
Assumpsit by the Town of Winchester against Thomas E. Stockwell to recover taxes assessed against defendant individually. Verdict for plaintiff, and defendant excepted, and the cause was transferred from the superior court. Exceptions sustained.
John E. Allen, for plaintiff. Joseph Madden and Arthur P. Carpenter, for defendant.
PEASLEE, J. Dewey v. Des Moines, 173 U. S. 193, 203, 19 Sup. Ct. 379, 43 L. Ed. 665.
While the language above quoted was used concerning a so-called "betterment tax," it is equally applicable in the case of any tax assessed against one not within the jurisdiction. The assessment of a tax is a judicial act. Edes v. Boardman, 58 N. H. 580; Boston, etc., R. R. v. State, 60 N. H. 87; Boody v. Watson, 64 N. H. 162. 9 Atl. 794; Wyatt v. Board, 74 N. H. 552, 70 Atl. 387. It seems to have heretofore been understood in this state...
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