Bedell v. Barnes
New York Supreme Court
. Appeal from a judgment of the Oneida County Court, entered upon a verdict in favor of the plaintiff, and also from an order of that court denying the defendant’s- motion for a new trial made on the judge’s minutes. The action was one of trespass for taking and carrying away certain personal property of the plaintiff, as assignee in. bankruptcy of one Humphrey.
Read the full summary
. Appeal from a judgment of the Oneida County Court, entered upon a verdict in favor of the plaintiff, and also from an order of that court denying the defendant’s- motion for a new trial made on the judge’s minutes. The action was one of trespass for taking and carrying away certain personal property of the plaintiff, as assignee in. bankruptcy of one Humphrey. The defendant was a school collector, and assumed to levy upon and sell the property to satisfy a school tax against Humphrey. It appeared that the defendant omitted to post a notice on the outside of the front door of the…
1Opinion of the Court
Smith, J.:
The statute requires the collector of a school district, on receiving a warrant for the collection of taxes, to give notice to the tax payers of the district by publicly posting notices of the purport specified in the act, in at least three public places in the district ; one of which shall be on the outside of the front door of the school - house. (Laws of 1871, chap. 359, § 2.) This cannot bo regarded as directory merely. The notice is for the benefit of the tax payers. In that respect it is analagous to the provision of law giving two weeks for the voluntary payment of the tax.…
2Cases cited2 opinions
- Thompson v. GardnerNew York Supreme Court · 1813
- Parker v. BrownNew York Supreme Court · 1853