Dorn v. . Backer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered upon an "order nonsuiting plaintiff at Circuit. (Beported below, 61 Barb., 597.) This was an action against defendants, late assessors of the town of Ava, Oneida county, to recover damages by reason of an alleged wrongful assessment, and a sale of plaintiff’s property by virtue thereof.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered upon an "order nonsuiting plaintiff at Circuit. (Beported below, 61 Barb., 597.) This was an action against defendants, late assessors of the town of Ava, Oneida county, to recover damages by reason of an alleged wrongful assessment, and a sale of plaintiff’s property by virtue thereof. Plaintiff proved, -in substance, that he owned a farm lying partly in the town of Ava and partly in the town of Boonville. He occupied .and worked the whole as one farm. The principal…
1Opinion of the Court
Reynolds, C.
There is no view of this case by which the judgment of nonsuit can be sustained. If there was any doubt as to the fact that the plaintiff resided in the town of Boonville, that question should have been submitted to the jury. If he did reside in the town of Boonville the assessors of the town of Ava had no jurisdiction to make the assessment, and the plaintiff was entitled to recover.
The statute, in a case like this, makes the duties of the assessors very plain, and there can be but little excuse for falling into error. It provides that, “ when the line between two towns or wards…
2Cases cited1 opinion
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
3Cited by5 opinions
- McLean v. . JephsonNew York Court of Appeals · 1890
- Welch v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Buckingham v. KerrIndiana Court of Appeals · 1918
- Gordon v. BeckerNew York Supreme Court · 1893
- Stewart v. FondaNew York Supreme Court · 1879