Alexander v. Hoyt
New York Supreme Court
Error from the Onondaga common pleas. Hoyt sued Alexander and three others in a justice’s court, and declared against them for taking and selling a cow, under the pretence of a school district warrant, which he alleged to have been illegaily issued. The defendants severed in their defence, pleading the general issue separately.
Read the full summary
Error from the Onondaga common pleas. Hoyt sued Alexander and three others in a justice’s court, and declared against them for taking and selling a cow, under the pretence of a school district warrant, which he alleged to have been illegaily issued. The defendants severed in their defence, pleading the general issue separately. Judgment rendered in favor of the defendants before the justice, and the plaintiff appealed to the Onondaga common pleas, where the cáusé was tried on the issue joined before the justice, and a special verdict foUnd. From the special verdict it appeared that Alxexander…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The 79th section of the common school act, 1 Revised Statutes, 482, directs that the valuations of taxable property shall be ascertained as far as possible from the last assessment roll of the town. The irregularity complained of is that the trustees made out their next list by reference to the assessment roll of 1829, which had nqt yet been corrected, instead of the assessment roll of 1828, as the basis of their assessment.
The plaintiffs in error contend, 1st. That the trustees had jurisdiction of the subject and the person, and acted judicially, although their…
2Cases cited3 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Henderson v. BrownNew York Supreme Court · 1803
- Percival v. JonesNew York Supreme Court · 1800
3Cited by9 opinions
- Jewell v. . Van SteenburghNew York Court of Appeals · 1874
- Thomas v. ClappNew York Supreme Court · 1855
- Finch v. ClevelandNew York Supreme Court · 1851
- Randall v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hill v. Sellick & HandNew York Supreme Court · 1855
4 more not listed; retrieve them via the Exa API.