Parish v. . Golden
New York Court of Appeals
Appeal from the judgment of the General Term of the fourth district, affirming the judgment rendered at the circuit upon a trial before Justice Davies without a jury.
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Appeal from the judgment of the General Term of the fourth district, affirming the judgment rendered at the circuit upon a trial before Justice Davies without a jury. The action was brought by the plaintiff against the defendants to recover $4,012 in specie, seized by the defendant, Patrick Golden, as collector of taxes of the town of Oswegatchie, upon a tax warrant issued by the board of supervisors of St. Lawrence county, in the year 1858. The action was tried before Justice Davies, at Canton, in June 1859, and resulted in a judgment for the defendants. It appeared upon the trial, and was…
1Opinion of the CourtMorgan, J.
There is an omission in the affidavit annexed to the assessment roll which is supposed, by the appellant’s, counsel, to be fatal to the validity of the warrant under which the collector seized the plaintiff’s property. The statute prescribes a certain form of affidavit, and that form has been followed 'except in one particular. The statute requires the assessors, among other things, to make an affidavit “ that the assessment roll contains a true statement of the aggregate amount of the taxable personal estate of each and every person named in such roll over and above the amount of debts due…
2Cases cited3 opinions
- People v. AllenNew York Supreme Court · 1831
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Randall v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by26 opinions
- Westfall v. . PrestonNew York Court of Appeals · 1872
- Brevoort v. . the City of BrooklynNew York Court of Appeals · 1882
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- Spangler v. District Court of Salt Lake CountyUtah Supreme Court · 1943
- Johnson v. . ElwoodNew York Court of Appeals · 1873
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