Thomas v. Clapp
New York Supreme Court
THIS action was brought against the trustees and collector of school district Ho. 3, in Hebron, Washington county, the plaintiff claiming to recover the value of a cow seized and sold by the collector under a warrant issued by two of the three trustees. The warrant purported to have been issued on the 16th of June, 1853, and was signed by Clapp and Hathway. It was renewed July 18, thereafter, and the renewal was signed by Clapp and Chapman.
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THIS action was brought against the trustees and collector of school district Ho. 3, in Hebron, Washington county, the plaintiff claiming to recover the value of a cow seized and sold by the collector under a warrant issued by two of the three trustees. The warrant purported to have been issued on the 16th of June, 1853, and was signed by Clapp and Hathway. It was renewed July 18, thereafter, and the renewal was signed by Clapp and Chapman. The list of inhabitants and apportionment of the tax to which the warrant was attached was signed by all three of the trustees. The tax was levied for the…
1Opinion of the CourtBockes, J.
The renewal was equivalent to a new warrant. (Seaman v. Benson, 4 Barb. 444. Smith v. Randall, 3 Hill, 498. Folsom v. Streeter, 24 Wend. 269. Gale v. Mead, 4 Hill, 109. Parker v. Brown, 17 Barb. 145.) The cow was therefore seized and sold under the command of Clapp and Chapman only. Hathway did not sign the renewal, but refused so to do. The county judge was therefore correct in deciding that'the judgment was erroneous as to Hathway. The point is decided in Van Rensselaer v. Kidd, (2 Selden, 331,) where it is held that an officer issuing a warrant which is irregular and void, is not liable…
2Cases cited7 opinions
- Gale v. MeadNew York Supreme Court · 1846
- Dunlap v. HuntingNew York Supreme Court · 1846
- Alexander v. HoytNew York Supreme Court · 1831
- Lee v. ParryNew York Supreme Court · 1847
- Seaman v. BensonNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Looney v. HughesNew York Supreme Court · 1858
- Shaw v. DavisNew York Supreme Court · 1870
- Foster v. BryanNew York Supreme Court · 1863
- Young v. StoneAppellate Division of the Supreme Court of the State of New York · 1898
- People Ex Rel. Barnes v. GardnerNew York Court of Appeals · 1862
5 more not listed; retrieve them via the Exa API.