Legal Opinion

Caswell v. Allen

New York Supreme Court

Decided November 15, 1810PublishedCited by 7 opinions

THIS was an action of debt, brought against the defendant, as supervisor of the county of Cayuga, for neglecting and refusing to levy and raise, by tax, on the freeholders and inhabitants of the county, a sum not exceed-mg 800 dollars, for the purpose of building a fire proof clerk s office, near the court-house, &c. pursuant to the directions of the act of the legislature, passed the 3d of April, 1807. (Sess. 30. c. 122.) The declaration contained three counts.

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THIS was an action of debt, brought against the defendant, as supervisor of the county of Cayuga, for neglecting and refusing to levy and raise, by tax, on the freeholders and inhabitants of the county, a sum not exceed-mg 800 dollars, for the purpose of building a fire proof clerk s office, near the court-house, &c. pursuant to the directions of the act of the legislature, passed the 3d of April, 1807. (Sess. 30. c. 122.) The declaration contained three counts. The first count stated, that by an ’ J act of the legislature, passed the 20th oí March, 1807, . (sess. 30. c. 43.) entitled “ an…

1Opinion of the CourtYates, J.

The only question in this cause is, whether the supervisors' of the county of Cayuga had a discretion as to the raising^ ©f this money ¿ or whether the act is mandatory, and obliged them to do it, without delay ?

By the act of the 20th of March, 1807, entitled an act more effectually to compel the supervisors of the towns, in the different counties of this state, to raise such sums of money as they are directed to raise and levy, by acts $>f the legislature,.it is enacted, that ip all cases,, when, *67the supervisors of any county in this state, have, or shall be directed by law, to raise moneys,…

2Cited by7 opinions

  1. Bogan v. Scott-HarrisSupreme Court of the United States · 1998
  2. Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
  3. Schneider v. TurnerAppellate Court of Illinois · 1888
  4. Barclay v. CulverNew York Supreme Court · 1883
  5. People ex rel. Tweed v. LiscombNew York Supreme Court · 1875

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