Stroud v. Butler
New York Supreme Court
This was an appeal from a judgment of the county court of Steuben county, reversing the judgment of a justice of the peace. The plaintiff brought an action before the justice against the defendant together with George Edwards and William B. Miller, and complained against them for taking and converting to their own use, one cow belonging to her, of the value of $40, and claiming judgment for that sum.
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This was an appeal from a judgment of the county court of Steuben county, reversing the judgment of a justice of the peace. The plaintiff brought an action before the justice against the defendant together with George Edwards and William B. Miller, and complained against them for taking and converting to their own use, one cow belonging to her, of the value of $40, and claiming judgment for that sum. The defendants before the justice, denied the complaint generally, and set up as a justification that the cow in question was taken by the defendant, Butler, as collector of school district…
1Opinion of the Court
By the Court, Welles J.
The first point made by the appellant’s counsel in this court, respecting the constitutionality of the free school law of 1849, cannot be sustained, for the reason that it does not appear that the tax warrant was issued under or in pursuance of that law.
The counsel for the appellant also contends that" the warrant was irregular on its face; for the reason that it directed the collector to collect the amount of the assessments, together with jive cents on each dollar thereof, for his fees. Section 5 of ch. 382 of the Sess. Laws of 1849, (p. 535) directs the collector,…
2Cases cited1 opinion
- Clark v. HallockNew York Supreme Court · 1837
3Cited by5 opinions
- In Re Supplementary Proceedings for the Collection of a Tax From L. Adler Bros. & Co.New York Court of Appeals · 1903
- Di Lodovico v. Dotson, New York County Courts1958
- Frederick v. DornAppellate Division of the Supreme Court of the State of New York · 1901
- Workman v. Bolen, New York County Courts1971
- Haley v. WhitneyNew York Supreme Court · 1889