Parker v. Brown
New York Supreme Court
The plaintiff brought his action of trespass de bonis asportatis, before a justice of the peace, to recover the value of certain hogs taken "and sold by the defendant.
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The plaintiff brought his action of trespass de bonis asportatis, before a justice of the peace, to recover the value of certain hogs taken "and sold by the defendant. The defendant justified, as a collector of taxes of school district bio. 18 in the town of Van Burén, Onondaga county, under a warrant issued by the trustees of that district, directing the collection of a tax assessment against the taxable inhabitants of the district, of whom the plaintiff was one and named in the tax list. The plaintiff recovered before the justice $93,24. The judgment was affirmed by the county court of…
1Opinion of the Court
By the Court, W. F. Allen, J.
The tax, to collect which the warrant issued, was voted by the taxable inhabitants of the district, January 17,1850. The warrant was dated March 18, 1850. There was no evidence that it was ever issued, or placed in the hands of an officer, for collection, y.ntil after its renewal. It was renewed November 3,1851, and delivered to the defendant, who was the collector of the district, for execution, Nov. 14, 1851. On the 17th of November the defendant levied on the property of the plaintiff, and sold the same on the 28th of the same month. The justice doubtless erred…
2Cases cited3 opinions
- People v. AllenNew York Supreme Court · 1831
- Gale v. MeadNew York Supreme Court · 1846
- Thompson v. GardnerNew York Supreme Court · 1813
3Cited by3 opinions
- Thomas v. ClappNew York Supreme Court · 1855
- Baker v. LeeNew York Supreme Court · 1886
- Bedell v. BarnesNew York Supreme Court · 1879