Legal Opinion

Goodel v. Baker

New York Supreme Court

Decided February 15, 1828PublishedCited by 5 opinions

Trespass de bonis asportatis, tried at the Lewis circuit, December 14th, 1826, before Williams, C. Judge, The defendant distrained and sold the plaintiff’s horses for a tax, assuming to be a collector of the town of Watson ™ L6"^8 county. He did this under a regular warrant; and the only material question at the trial was, whether he was a collector of that town for 1825. On this head, the defendant proved that he was the reputed collector of that year.

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Trespass de bonis asportatis, tried at the Lewis circuit, December 14th, 1826, before Williams, C. Judge, The defendant distrained and sold the plaintiff’s horses for a tax, assuming to be a collector of the town of Watson ™ L6"^8 county. He did this under a regular warrant; and the only material question at the trial was, whether he was a collector of that town for 1825. On this head, the defendant proved that he was the reputed collector of that year. The plaintiff then proved, that at the town meeting of 1824, the freeholders and inhabitants of Watson adjourned to the house of Daniel…

1Opinion of the Court

Curia, per Savage, Ch. J.

The manner of holding town meetings is pointed out by the act relative to the duties and privileges of towns. (2 R. L„ 125.) The officers who shall preside are designated; these are the justices of the peace, and, in théir default, the town clerk; and if neither attend, then a person is to be chosen for the purpose. The 4th section of the act declares, that the town meeting shall not be held more than two days, implying that it may be held that length of time if necessary. It shall be open only between sunrise and sunset; and at *such place as shall be appointed by…

2Cited by5 opinions

  1. Brodhead v. City of MilwaukeeWisconsin Supreme Court · 1865
  2. Northrup v. . the PeopleNew York Court of Appeals · 1867
  3. People ex rel. Van Sickle v. AustinAppellate Division of the Supreme Court of the State of New York · 1897
  4. People Ex Rel. Simonson v. MartinNew York Court of Appeals · 1851
  5. Northrup v. PeopleNew York Court of Appeals · 1867

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