Fuller v. Wilcox
New York Supreme Court
Error from the Jefferson common pleas. Wilcox sued Fuller in a justice’s court, and declared against the defendant for damages for taking and selling two cows contrary to law; 2. for taking and selling an unreasonable quantity of properly over and above any demand he had against the plaintiff; 3. for taking and selling on a warrant for the collection of a school tax a greater amount of property than was necessary to pay the tax, to wit, two cows, when one was sufficient.
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Error from the Jefferson common pleas. Wilcox sued Fuller in a justice’s court, and declared against the defendant for damages for taking and selling two cows contrary to law; 2. for taking and selling an unreasonable quantity of properly over and above any demand he had against the plaintiff; 3. for taking and selling on a warrant for the collection of a school tax a greater amount of property than was necessary to pay the tax, to wit, two cows, when one was sufficient. After issue joined, adjournment and venire, the parties appeared on the adjourned day, and the plaintiff withdrew his…
1Opinion of the Court
By the Court,
Bronson, J.
It may fairly be inferred from the declaration that Fuller was sued for an act done by him as apublic officer. But if that fact was not sufficiently admitted by the pleadings, I see no objection to the *352course which was pursued by the justice, of proceeding immediately in presence of the parties to inquire into the defendant’s right to double costs.
When the plaintiff withdrew his action, it was the duty of the justice to render judgment against him for costs. 2 R. S. 246, § 119,124, 126. If the action was brought against Fuller for an act done byjiim as a public…
2Cited by5 opinions
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