Bradley v. Baxter
New York Supreme Court
This was an appeal by the defendants from a judgment rendered in favor of the plaintiff at a special term. The action was brought against the defendants to recover the value of property taken under a warrant issued by them as trustees of a school district, in the town of Whitestown, Oneida county, for the collection of a district tax.
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This was an appeal by the defendants from a judgment rendered in favor of the plaintiff at a special term. The action was brought against the defendants to recover the value of property taken under a warrant issued by them as trustees of a school district, in the town of Whitestown, Oneida county, for the collection of a district tax. A portion of the tax was levied under the free school law of 1849. The action was commenced in August, 1850, and tried before Judge Gtridley, and a verdict given for the plaintiff. Upon appeal to the general term, among other points, the question of the…
1Opinion of the Court
By the Court, Pratt, J.
Several objections were taken upon the trial of this cause, to the regularity of the proceedings, on the part of the district in levying the tax in question, which it is not necessary for me to examine, as we all concur in the conclusion that the act of March 26th, 1849, commonly termed the free school law, under the provisions of which a portion of the tax in question was levied, was not at the time of such levy, a binding and valid law of the state. It only becomes necessary therefore for me to discuss this point in the case, and to state briefly some of the reasons…
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