Clark v. Hallock
New York Supreme Court
This was an action of trespass de bonis asportatis, tried at the Madison circuit in September, 1834, before the Hon. Hiram Denio, one of the circuit judges. The property of the plaintiff was sold under a warrant issued by the trustees of a school district to levy the plaintiff’s proportion of a tax voted at a district meeting for the purpose of building a school-house.
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This was an action of trespass de bonis asportatis, tried at the Madison circuit in September, 1834, before the Hon. Hiram Denio, one of the circuit judges. The property of the plaintiff was sold under a warrant issued by the trustees of a school district to levy the plaintiff’s proportion of a tax voted at a district meeting for the purpose of building a school-house. A carriage and harness belonging to the plaintiff were sold and struck off for the sum-of seventy-seven dollars. The property was purchased by a son plaintiff, who acted as the agent of his father. He paid to the collector…
1Opinion of the Court
By the Court, Bronson, J.
The trustees of a school district are confined strictly to the authority conferred upon them by the statute. In issuing a warrant for the collection of a tax, they act as ministerial officers, and where, as in this case, the statute prescribes the form and legal effect of the process, the trustees will be trespassers if they depart from it. Under 1 R. S. 484, § 88, which the trustees unfortunately followed, the warrant commands the collector to proceed in the same manner as on executions issued by a justice of the- peace. But this provision had been repealed, and the…
2Cases cited1 opinion
- Baker v. FreemanNew York Supreme Court · 1832
3Cited by10 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Pollak v. SearcySupreme Court of Alabama · 1887
- Screws v. WatsonSupreme Court of Alabama · 1872
- In Re Supplementary Proceedings for the Collection of a Tax From L. Adler Bros. & Co.New York Court of Appeals · 1903
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