McKay v. Batchellor
Supreme Court of Colorado
Error to District Court, Arapahoe County. The action was replevin to recover possession of a wagon,- and plaintiff in error, who was defendant in the court below, pleaded, 1, non detinet; and 2, substantially as follows : That at the time when, etc., defendant was secretary of School District No. Three (3), in Arapahoe county, Colorado, that a special school meeting was regularly called to meet October 21, 1871, for purpose of levying special school tax ; that said meeting…
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Error to District Court, Arapahoe County. The action was replevin to recover possession of a wagon,- and plaintiff in error, who was defendant in the court below, pleaded, 1, non detinet; and 2, substantially as follows : That at the time when, etc., defendant was secretary of School District No. Three (3), in Arapahoe county, Colorado, that a special school meeting was regularly called to meet October 21, 1871, for purpose of levying special school tax ; that said meeting was held and a special tax of ten mills on the dollar was duly voted ; that on November 15, 1871, defendant, still being…
1Opinion of the Court
Hallett, O. J.
Plaintiff in error, as secretary of school district No. 3, in Arapahoe county, distrained the wagon in controversy to satisfy a tax levied against the defendant in error in that district, pursuant to the statute of 1870. 8 Sess. 131. To a plea setting up these facts defendant in error replied de injuria, and that the goods were not taken within the district. It appears that after the tax was levied and before the wagon was distrained the district was divided by the county superintendent of schools, and that part in which defendant in error resides was set off into a district by…
2Cases cited5 opinions
- Morford v. UngerSupreme Court of Iowa · 1859
- Moss v. ShearCalifornia Supreme Court · 1864
- Hudler v. . GoldenNew York Court of Appeals · 1867
- Mount Carbon Coal & Railroad v. AndrewsIllinois Supreme Court · 1870
- Smith v. NewellNew York Supreme Court · 1832
3Cited by2 opinions
- In re Apportionment of Indebtedness between Fremont & Big Horn CountiesWyoming Supreme Court · 1898
- Palmer v. PettingillIdaho Supreme Court · 1898