Johnson v. Rich
New York Supreme Court
This action was commenced in a justice’s court in Monroe county, against the defendant, for property belonging to the plaintiff, taken and sold by virtue of a school warrant, issued by the defendants for the collection of taxes, under the free school law of 1849. The defendants justified, being trustees of the district. The jury found a verdict for the defendants.
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This action was commenced in a justice’s court in Monroe county, against the defendant, for property belonging to the plaintiff, taken and sold by virtue of a school warrant, issued by the defendants for the collection of taxes, under the free school law of 1849. The defendants justified, being trustees of the district. The jury found a verdict for the defendants. The plaintiff appealed to the county court of Monroe county, from the judgment rendered by the justice, which court reversed the judgment on the ground that the law was unconstitutional. The defendants appealed to this court from…
1Opinion of the CourtJohnson, J.
This case turns entirely upon the question of the constitutionality of the act of March 26, 1849, known as the free school law.
The question is one of great interest, involving the powers of the legislature in the enactment of laws generally, under the constitution of the state, and deserves a diligent and careful examination, and more especially so, since, as it is understood, there have been decisions by several of our judges adverse to its constitutionality. The plaintiff’s counsel denies that any such law was ever enacted by the legislature, The act upon its face, as it stands in the…
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