Thayer v. Stearns
Thayer v. Stearns
Opinion of the Court
delivered the opinion of the Court. There are several points in this case which would require much consideration, if it were necessary to give an opinion upon all of them. The objection made by the plaintiff, which we think insuperable, is the blending together the several taxes for State, county and town. We think it clear that the legislature intended that they .should be assessed separately, and put into
The objection which relates to the valuation is also material. The statute is peremptory in requiring a valuation as the basis of every tax, and it is absolutely essential that it should be lodged in the clerk’s office, or in an assessors’ office, before an assessment can be valid. If either of the assessors keeps a room for the deposit of papers relating to their office, or for transacting business, this may be an office within the meaning of the law ; but it does not appear that there was any place so used by any of the assessors as to make it an office. The papers were shifted from one hand to another. This seems to us to be exactly the case which was contemplated by the legislature, as requiring the valuation to be lodged in the clerk’s office.
Judgment according to the verdict.
Reference
- Full Case Name
- Thayer versus Stearns
- Status
- Published