Hudler v. . Golden
New York Court of Appeals
Appeal from the Supreme Court. — The action was in the nature of replevin, for the recovery of lumber taken under a tax warrant against the Plaintiff, issued by the trustees of the village of Bondout.
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Appeal from the Supreme Court. — The action was in the nature of replevin, for the recovery of lumber taken under a tax warrant against the Plaintiff, issued by the trustees of the village of Bondout. The defence was, that the warrant was for expenses incurred by the village authorities in curbing and guttering the Plaintiff’s sidewalk, on his neglect to comply with their requirement ; and that it was unauthorized by the statute under which the trustees acted, inasmuch as the requisition did not embrace flagging the walk as well as curbing and guttering it. The cause was tried before Mr.…
1Opinion of the CourtPorter, J.
An action cannot be maintained for the recovery of personal property subject to execution, where it is taken by the proper officer in virtue of a warrant issued for the collection of tax, assessment, or fine, pursuant to a statute of the State (3 R. S. 5th ed. 845, § 4; Code, § 207, subd. 4; The People v. The Albany Common Pleas, 7 Wend. 485). It is otherwise when it is apparent on the face of the warrant that it was issued without jurisdiction (Wright v. Briggs, 2 Hill, 77). It was held in the Court below that no such defect was apparent on the face of the warrant in question; and in that…
2Cases cited1 opinion
- People v. Albany C. P.New York Supreme Court · 1832
3Cited by20 opinions
- Allen v. . StevensNew York Court of Appeals · 1899
- Berger v. . VarrelmannNew York Court of Appeals · 1891
- Lake Shore & Michigan Southern Railway Co v. RoachNew York Court of Appeals · 1880
- Adams v. DavisIndiana Supreme Court · 1886
- Westenberger v. WheatonSupreme Court of Kansas · 1871
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