Smith v. Keniston

Massachusetts Supreme Judicial Court

Smith v. Keniston

100 Mass. 172

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1868

StatusPublished

Cited by2 cases

This text of 100 Mass. 172 (Smith v. Keniston) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Keniston, 100 Mass. 172 (Mass. 1868).

Pincite

Opinion

Chapman, C. J.

The plaintiff was committed to the custody of the defendant as sheriff, by being committed to the jail, under his charge, on the 15th of August 1866. The commitment was by a constable, by virtue of a warrant issued by Dunham, the collector of taxes for the town of Edgartown for the year 1865. As collector for that year, Dunham had only the ordinary power of a collector of taxes, and this did not include the power to issue suelva warrant. At a town meeting held April 2,1866, the town voted to pay Dunham $125 for collecting taxes the ensuing year, and that he be a constable, with the authority given by law to town treasurers. Gen. Sts. c. 18, § 73. But this vote did not by its terms apply to the collection of the taxes for the prior year; so that this warrant was issued by him without authority; and it contained no recitals sufficient to protect the defendant, there being no authority in faci Cheever v. Merritt, 5 Allen, 565 Judgment for the plaintiff.

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Chapman, C. J.

The plaintiff was committed to the custody of the defendant as sheriff, by being committed to the jail, under his charge, on the 15th of August 1866. The commitment was by a constable, by virtue of a warrant issued by Dunham, the collector of taxes for the town of Edgartown for the year 1865. As collector for that year, Dunham had only the ordinary power of a collector of taxes, and this did not include the power to issue suelva warrant. At a town meeting held April 2,1866, the town voted to pay Dunham $125 for collecting taxes the ensuing year, and that he be a constable, with the authority given by law to town treasurers. Gen. Sts. c. 18, § 73. But this vote did not by its terms apply to the collection of the taxes for the prior year; so that this warrant was issued by him without authority; and it contained no recitals sufficient to protect the defendant, there being no authority in faci Cheever v. Merritt, 5 Allen, 565 Judgment for the plaintiff.

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Bluebook (online)

100 Mass. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-keniston-mass-1868.

Opinion

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